# Habeas Corpus Act 1862

25 & 26 Vict. c. 20 · enacted 16 May 1862 · revised to 1 February 1991

An Act respecting the Issue of Writs of Habeas Corpus out of England into Her Majesty’s Possessions abroad.

PDFs: Printed copy https://openlegislation.uk/habeas-corpus-act-1862/pdf/ukpga_18620020_en.pdf

## Introductory text

An Act respecting the Issue of Writs of Habeas Corpus out of England into Her Majesty’s Possessions abroad.
[16th May 1862]

## 1 Writ 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.

## 2 Not 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.

---
Source: https://www.legislation.gov.uk/ukpga/Vict/25-26/20 (the official version)
Page: https://openlegislation.uk/habeas-corpus-act-1862
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.