Rule 12.42A Application for a writ of habeas corpus for release in relation to a minorF1

(1)

Part 87 of the CPR applies in respect of an application for a writ of habeas corpus for release in relation to a minor—

(a)

as if—

(i)

for rule 87.2(1)(a) of the CPR there were substituted—

“(a)
an application notice; and”; and

(ii)

for rule 87.2(4) of the CPR there were substituted—

“(4)
The application notice must be filed in the Family Division of the High Court.”; and

(b)

subject to any additional necessary modifications.

(2)

Rules 12.5 to 12.8, 12.12 to 12.16, 12.21 and 12.39 do not apply to an application to which this rule applies.

(The term “application notice” is defined in rule 2.3(1).)

Annotations

F1: Rule 12.42A inserted (6.4.2015) by The Family Procedure (Amendment No. 4) Rules 2014 (S.I. 2014/3296), rules 1(3), 10 (with rule 15)

F1: Words in Pt. 12 heading substituted (31.1.2013) by The Family Procedure (Amendment) (No.5) Rules 2012 (S.I. 2012/3061), rules 1, 5(a)