[F1 PART 87 E+WAPPLICATIONS FOR WRIT OF HABEAS CORPUS

Textual Amendments

F1 Pt. 87 inserted (6.4.2015) by The Civil Procedure (Amendment No. 8) Rules 2014 (S.I. 2014/3299), rule 2(c), Sch. 2

SECTION 2 E+WAPPLICATIONS TO THE HIGH COURT FOR A WRIT OF HABEAS CORPUS FOR RELEASE

Consideration of the application at a hearing E+W

87.5.   Where the judge considers the application under rule 87.2 at a hearing, including a hearing ordered under rule 87.4(1)(b) or a hearing requested under rule 87.4(2), the judge may—

(a) make an order for the issue of the writ;

(b) adjourn the application to a further hearing;

(c) direct that the application be considered by a Divisional Court of the [F2 King’s] Bench Division;

(d) direct that the application continues as an application for permission to apply for judicial review;

(e) give such other directions for resolution of the application as may be appropriate;

(f) dismiss the application; or

(g) order that the detained person must be released.]

Textual Amendments

F2 Word in rule 87.5(c) substituted (6.4.2023) by The Civil Procedure (Amendment) Rules 2023 (S.I. 2023/105), rules 1(1), 40(2)