The Habeas Corpus Act 1862 (20 & 26 Vict. c.20) was an Act of the Parliament of the United Kingdom that limited the right of the English courts to issue writs of habeas corpus in British colonies or dominions. The act was passed in response to Ex Parte Anderson, a case in the Canadian courts in which the English Court of King's Bench attempted to issue a writ of habeas corpus and have Anderson appear before an English judge. While the court issued the writ, it felt that setting such a precedent would interfere with the "higher degree of Colonial independence". As a result the Act was passed, receiving the Royal Assent on 16 May 1862.
The statute consists of only two clauses:
s. 1 declares that no writ of habeas corpus can be issued by an English judge to any foreign nation or colony which forms part of the Queen's possessions (broadly speaking, the Commonwealth of Nations) if that nation has a court able to issue such a writ.
The Habeas Corpus Act 1679 is an Act of the Parliament of England (31 Cha. 2 c. 2) passed during the reign of King Charles II by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, a procedural device to force the courts to examine the lawfulness of a prisoner's detention in order to safeguard individual liberty and thus to prevent unlawful or arbitrary imprisonment.
Earlier and subsequent history
The Act is often wrongly described as the origin of the writ of habeas corpus. But the writ of habeas corpus had existed in various forms in England for at least five centuries before and is thought to have originated in the 12th Century Assize of Clarendon. It was guaranteed, but not created, by Magna Carta in 1215, whose article 39 reads: "No freeman shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor will we send upon him except upon the lawful judgement of his peers or the law of the land." The Act of 1679 followed an earlier Habeas Corpus Act of 1640, which established that the command of the King or the Privy Council was no answer to a petition of habeas corpus. Further Habeas Corpus Acts were passed by the British Parliament in 1803, 1804, 1816 and 1862, but it is the Act of 1679 which is remembered as one of the most important statutes in English constitutional history. Though amended, it remains on the statute book to this day.
A writ of habeas corpus is known as "the great and efficacious writ in all manner of illegal confinement", being a remedy available to the meanest against the mightiest. It is a summons with the force of a court order; it is addressed to the custodian (a prison official for example) and demands that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond his or her authority, then the prisoner must be released. Any prisoner, or another person acting on his or her behalf, may petition the court, or a judge, for a writ of habeas corpus. One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado. Most civil law jurisdictions provide a similar remedy for those unlawfully detained, but this is not always called habeas corpus. For example, in some Spanish-speaking nations, the equivalent remedy for unlawful imprisonment is the amparo de libertad ('protection of freedom').
Habeas corpus is a legal action through which a person can seek relief from unlawful detention.
Habeas corpus may also refer to:
Habeas Corpus Act 1679, an Act of the Parliament of England passed during the reign of King Charles II to define and strengthen the writ of habeas corpus
Starting with the first Doc Savage story in 1933 and running throughout the pulp adventures a group of recurring characters appeared either as Doc's supporting cast or antagonists.
Ham Brooks is one of the characters referred to as the "The Fabulous Five", the primary assistants of Doc Savage, and first appears with the full name Theodore Marley Brooks.
The character is presented as a Harvard educated lawyer, holding the military rank of brigadier general, and known as a dandy. He is also shown as always carrying sword cane with a blade coated with a knock-out chemical.
He is also shown to love fighting with his friend "Monk" Mayfair. This began during World War I, when a practical joke landed Monk in a military jail. Ham had taught Monk some insulting French words, presenting them as compliments. Monk used them while speaking to a French general and got locked in the guard house. Shortly after that, Ham was framed for stealing a truckload of hams, resulting in his insulting nickname. Ham was able to defend himself, but the fact that he was never able to prove that Monk was behind this has always been a source of irritation for him.
Um pingo de chuva estourou na pedra de gelo do meu whisky Eu lembrei de ti, que sempre quer botar Pingos de I em ipsilon. Ih, o que é que há? Parece até que eu sou um livro mal escrito E que você é uma caneta cor vermelha Rasurando o que não aceita nem consegue decifrar. Outras vezes voce tenta feito louca rasgar as minhas páginas Mal eu esqueço do que lembrei, você aparece: olá! Olá coisa nenhuma é o que me diz Roubando meu whisky pra falar Que eu te beijo como Judas beijou Cristo Pois levo um tempo a imaginar como seria Com que e quando eu trairia o que eu Jamais jurei te dar Põe na minha boca palavras que não são minhas Com voz trêmula e trágica E me ameaça quando diz: Eu vou embora Vá, você tem seu direito de ir e vir Mas eu tenho o meu de querer ficar Não precisa de um pedido de habeas corpus A porta está aberta E me ameaça quando diz: Eu vou embora Vá, você tem seu direito de ir e vir Mas eu tenho o meu de querer ficar Não precisa de um pedido de habeas corpus A porta está aberta Você tem seu direito de ir e vir Mas eu tenho o meu de querer ficar Não precisa de um pedido de habeas corpus A porta está aberta, tchau
Ashwathaman, has moved the Madras High Court to quash the Goonda Act detention order against her son. She also filed a Habeas Corpus petition, alleging procedural lapses in the detention order issued on September 19.
Chief Justice Chase declared that Milligan’s trial was void because it violated the Act of March 3, 1863, governing the custody and trial of persons who had been deprived of the habeas corpus privilege.
While the petitioner has stated in the PIL that about 2000 people have been detained and 253 habeas corpus petitions have been filed post lockdown, the DivisionBench noted arguments by D.CRaina, ...
The brothers’ lawyer filed a writ of habeas corpus more than a year ago presenting the new evidence of abuse and arguing the brothers had acted in self-defense, along with a request for re-sentencing ...
... Activities Act, 1974 (COFEPOSA Act) upheld by the Kerala high court in March 2024. The high court dismissed the habeas corpus petition filed by the wife of the detenu, Appisseril Kochu Mohammed Shaji.
The high court had dismissed the habeas corpus petition filed by Shaji’s wife, rejecting the argument that the failure to supply a key witness statement, coupled with the fact that the detainee did ...
A division bench of the MP High Court issued notices to the state govt and other respondents in a habeas corpus petition filed by a girl seeking the release of her father on bail ... of habeas corpus.
Britain, Which Birthed AmericanIdeas About Liberty, Has Embraced Despotism ... For me, Britain was history incarnate ... The Habeas CorpusAct of 1679 would guarantee the right to trial and demand the state show cause for holding someone ... ********* ... •••• ... ....
... him under the Goondas Act ... Allowing a Habeas Corpus Petition filed by Shankar's mother A Kamala, the high court had directed the Youtuber to be set free, if he was not required in any other case.
The court made the observations based on the habeas corpus petition (HCP) filed by Shankar’s mother against police slapping the Goondas Act on him on May 12.
According to KashmirMediaService, the habeas corpus petition, filed by Ronga’s wife, Bilquees Ronga, argues that the allegations leading to his detention are unfounded, fabricated, and malicious.
Justices S.M. Subramaniam and V. Sivagnanam reserve their verdict on a habeas corpus petition filed against ‘Savukku’ Shankar’s detention under the Goondas Act....
Imagine if Lincoln had, hanging over his head, the possibility he could be locked up if civil charges were brought against him for going to war against the South after Fort Sumter or for suspending habeas corpus.
