ORDER 17.-APPLICATION FOR WRIT OF HABEAS CORPUS.
1. Application for writ of habeas corpus. (UK. 54/1)
(1) An application for a writ of habeas corpus must be made by way of originating summons to the Court or-
(a) in vacation or at any time when no Judge is sitting in court, it may be made to a Judge otherwise than in court; and
(b) in cases where the application is made on behalf of an infant, it must be made to a Judge otherwise than in court.
(2) An application for such writ may be made ex parte and, subject to Sub-rule (3), must be supported by an affidavit by the person restrained showing that it is made at his instance and setting out the nature of the restraint.
(3) Where the person restrained is unable for any reason to make the affidavit required by Sub-rule (2), the affidavit may be made by some other person on his behalf and that affidavit must state that the person restrained is unable to make the affidavit himself and for what reason.
(4) Any refusal to grant application shall be subject of appeal by motion to the Supreme Court only, and further application shall not be made to the Court or another Judge sitting otherwise than in court, unless other or further evidence is adduced in support of the application.
2. Power of Court to whom ex parte application made. (UK. 54/2)
(1) The Court or Judge sitting otherwise than in court to whom an application under Rule 1 is made ex parte may make an order immediately for the writ to issue, or may adjourn the application so that notice of the writ may be given.
(2) The notice and summons must be served on the person against whom the issue of the writ is sought and on such other persons as the Court or Judge may direct, and, unless the Court or Judge otherwise directs, there must be at least eight clear days between the service of the notice and summons and the date named in the summons for the hearing of the application.
(3) A notice directed by the Court of adjourned application for writ of habeas corpus shall be in Form 119 and an order for writ of habeas corpus shall be in Form 122.
3. Copies of affidavits to be supplied. (UK. 54/3).
Every party to an application under Rule 1 must supply to every other party on demand and on payment of the proper charges copies of the affidavits which he proposes to use at the hearing of the application.
4. Power to order release of person restrained. (UK. 54/4)
(1) Without prejudice to Rule 2(1), the Court or Judge hearing an application for a writ of habeas corpus may in its or his discretion order that the person restrained be released, and such order shall be sufficient warrant to any superintendent of a corrective institution, police constable or other person for the release of the person under restraint.
(2) Where such an application in a criminal cause or matter 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 motion to the Supreme Court.
5. Directions as to return to writ. (UK. 54/5)
Where a writ of habeas corpus is ordered to issue, the Court or Judge by whom the order is made shall direct the date on which the writ is returnable.
6. Service of writ and notice. (UK. 54/6)
(1) Subject to Sub-rules (2) and (3), a writ of habeas corpus must be served personally on the person to whom it is directed.
(2) If it is not possible to serve such writ personally, or if it is directed to a superintendent of a corrective institution, police officer or other public official, it must be served by leaving it with a servant or agent of the person to whom the writ is directed at the place where the person restrained is confined or restrained.
(3) If the writ is directed to more than one person, the writ must be served in the manner provided by this Rule on the person first named in the writ, and copies must be served on each of the other persons in the same manner as the writ.
(4) There must be served with the writ a notice in Form 121 stating the date on which the person restrained is to be brought and that in default of obedience proceedings for committal of the party disobeying will be taken.
7. Return to the writ. (UK. 54/7)
(1) The return of a writ of habeas corpus must be endorsed on or annexed to the writ and must state all the causes of the detainer of the person restrained.
(2) The return may be amended, or another term substituted for it, by leave of the Court or Judge before whom the writ is returnable.
8. Procedure at hearing of writ. (UK. 54/8)
(1) When a return to a writ of habeas corpus is made, the return shall first be read, and motion then made for discharging or remanding the person restrained or amending or quashing the return, and where that person is brought up in accordance with the writ, his counsel shall be heard first, then the counsel for the State, and then counsel for the person restrained in reply.
(2) If the respondent does not appear, and the body is not produced, application may be made to the Court or Judge supported by affidavit of service and disobedience, for committal for contempt.
(3) An order for committal shall be in Form 123.
9. Writ of habeas corpus.
A writ of habeas corpus shall be in Form 120.
10. Bail Act excluded.
This Order shall not or be deemed to apply to persons covered by the Bail Act 1977.