I1C1SCHEDULE 1

Annotations:
Commencement Information
I1

Sch. 1 in force at 26.4.1999, see Signature

Modifications etc. (not altering text)

RSC ORDER 54APPLICATIONS FOR WRIT OF HABEAS CORPUS

Power to order release of person restrainedRule 4

1

Without prejudice to rule 2 (1), the Court or judge hearing an application for a writ of habeas corpus ad subjiciendum may in its or his discretion order that the person restrained be released, and such order shall be a sufficient warrant to any governor of a prison, constable or other person for the release of the person under restraint.

2

Where such an application in criminal proceedings is heard by a judge and the judge does not order the release of the person restrained, he shall direct that the application be made by claim form to a Divisional Court of the Queen’s Bench Division.