Section 14 Procedure on application for habeas corpus.
England, Wales and Northern Ireland
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Notwithstanding anything in any enactment or rule of law, where a criminal or civil application for habeas corpus has been made by or in respect of any person, no such application shall again be made by or in respect of that person on the same grounds, whether to the same court or judge or to any other court or judge, unless fresh evidence is adduced in support of the application F2....
In every case where the person by or in respect of whom an application for habeas corpus is made is restrained as a person liable, or treated by virtue of any enactment as liable, to be detained in pursuance of an order or direction under Part V of the M1Mental Health Act 1959 (otherwise than by virtue of paragraph (e) or paragraph (f) of subsection (2) of section seventy-three of that Act), the application shall be deemed for the purposes of this section and of any appeal in the proceedings to constitute a criminal cause or matter.
Annotations
Textual amendments
- F1
S. 14(1) repealed (27.9.1999) by 1999 c. 22, ss. 65(1), 106, 108(3), Sch. 15 Pt. III (with s. 107 and Sch. 14 paras. 7(2), 36(9)).
- F2
Words in s. 14(2) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 52, Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(e), 30(b)
Marginal citations
- M1
Notes on Contempt of court, habeas corpus and certiorari
Textual amendments
- F1
Ss. 1–5 repealed (N.I.) with saving by Judicature (Northern Ireland) Act 1978 (c. 23) , Sch. 6 para. 13