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Habeas Corpus Act 1804

44 Geo. 3 c. 102 · Enacted 28 July 1804 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 February 1991.

An Act for the more effectual Administration of Justice in England and Ireland by the issuing of Writs of Habeas Corpus ad testificandum, in certain Cases.

[28th July 1804]

C1C2Whereas it is expedient for the more effectual administration of justice in England and Ireland that further provisions should be made for the issuing of writs of habeas corpus ad testificandum in certain cases:

Annotations to the whole text

Modifications

C1

Short title given by Short Titles Act 1896 (c. 14)

C2

References to Ireland to be construed as exclusive of Republic of Ireland: S. R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2

Contents

  1. 1Any judge of the King’s Bench, etc. may award writs of habeas corpus for bringing prisoners before courts to be examined as witnesses.
  2. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed

1Any judge of the King’s Bench, etc. may award writs of habeas corpus for bringing prisoners before courts to be examined as witnesses.C1

From and after the passing of this Act it shall be lawful for any judge of his Majesty’s courts of King’s Bench or Common Pleas of England and Ireland respectively, or any baron of his Majesty’s Court of Exchequer of the degree of the coif in England, or any baron of his Majesty’s Court of Exchequer in Ireland, . . . F1 at his discretion, to award a writ or writs of habeas corpus, for bringing any prisoner or prisoners detained in any gaol or prison before any of the said courts, . . . or before any other court of record in the said parts of the said United Kingdom, to be there examined as a witness or witnesses, and to testify the truth before such courts, or any . . . F2 jury, in any cause or causes, matter or matters, civil or criminal, whatsoever, which now are or hereafter shall be depending or to be enquired into or determined in any of the said courts.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1