Habeas Corpus in UK Law

The Plaintiff's right to particulars however is based upon a much broader ground, a principle which again is one of the pillars of liberty in that in English law every imprisonment is prima facie unlawful, and that it is for a person directing imprisonment to justify his act. The only exception is in respect of imprisonment ordered by a judge, who from the nature of his office cannot be sued, and the validity of whose judicial decisions cannot in such proceedings as the present be questioned.

"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.

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.

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.