Habeas Corpus in UK Law

Leading Cases
  • Kakis v Government of the Republic of Cyprus
    • House of Lords
    • 18 May 1978

    "Unjust" I regard as directed primarily to the risk of prejudice to the accused in the conduct of the trial itself, "oppressive" as directed to hardship to the accused resulting from changes in his circumstances that have occurred during the period to be taken into consideration; but there is room for overlapping, and between them they would cover all cases where to return him would not be fair.

  • R v Secretary of State for the Home Department, ex parte Khawaja
    • House of Lords
    • 10 February 1983

    The court considers both any detention which may be in force and the order for removal: the one is normally ancillary to the other. The court considers both any detention which may be in force and the order for removal: the one is normally ancillary to the other.

    But the difference arises not in the law's substance but from the nature of the remedy appropriate to the case. But the difference arises not in the law's substance but from the nature of the remedy appropriate to the case. This remains the law today and effectually puts habeas corpus in like case with the other form of judicial review. This remains the law today and effectually puts habeas corpus in like case with the other form of judicial review.

    Every person within the jurisdiction enjoys the equal protection of our laws.There is no distinction between British nationals and others. Every person within the jurisdiction enjoys the equal protection of our laws.There is no distinction between British nationals and others. He who is subject to English law is entitled to its protection. He who is subject to English law is entitled to its protection.

  • Amand v Secretary of State for Home Affairs and Another
    • House of Lords
    • 21 July 1942

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Legislation
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Form N161
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Appeal Civil Division forms including form N244 to apply for a court order.
    ... ... • a committal order; ... • an order refusing the grant of habeas corpus; ... • a secure accommodation order under Section 25 of the ... ...
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