Habeas Corpus Act 1862
25 & 26 Vict. c. 20 · Enacted 16 May 1862 · Extends to United Kingdom
An Act respecting the Issue of Writs of Habeas Corpus out of England into Her Majesty’s Possessions abroad.
Annotations to the whole text
Modifications
- C1
Short title given by Short Titles Act 1896 (c. 14)
- C2
Preamble omitted under authority of Statute Law Revision Act 1893 (c. 14)
Contents
- 1Writ not to issue out of England into any Colony, having a Court with Authority to grant such Writ.
- 2Not to affect Right of Appeal to Her Majesty in Council.
1Writ not to issue out of England into any Colony, having a Court with Authority to grant such Writ.
No writ of habeas corpus shall issue out of England, by authority of any judge or court of justice therein, into any colony or foreign dominion of the Crown where Her Majesty has a lawfully established court or courts of justice having authority to grant and issue the said writ, and to ensure the due execution thereof throughout such colony or dominion.
2Not to affect Right of Appeal to Her Majesty in Council.
Provided, that nothing in this Act contained shall affect or interfere with any right of appeal to Her Majesty in Council now by law existing.