HABEAS CORPUS LAW
A Law for more effectually securing the liberty of the subject.
[W.R.L. 1959, Cap. 42. Federal 1961 No. 49.] [Part 5: Parts 1 to 4: 12th July, 1958
[1st March, 1963] – [Commencement.]
PART 1 – Criminal Matters
1. Returns to be made to writ of habeas corpus within time prescribed
Upon the issue of any writ of habeas corpus directed to any person to produce the body of any prisoner in his custody for any criminal or supposed criminal matter (other than for treason or felony plainly and specially expressed in the warrant of commitment) and the said writ being served in accordance with the provisions of this Law, the person to whom the writ is directed shall, within three (3) days after the service of the writ, make return thereto or bring or cause to be brought the body of the prisoner before the court by which the writ was issued or before any judge before whom the writ is made returnable and shall then certify the true cause of the prisoner’s commitment and detainer:
Provided that the person to whom the writ is directed shall not be required so to produce the body of the prisoner save upon payment or tender of the charges of bringing him before such court or judge (to be determined by the judge by whom the writ is issued and endorsed upon the writ, but not exceeding ten (10) kobo per mile), and upon security given by bond to pay the charges of carrying back the prisoner if he is remanded by the court or judge before whom he is brought in pursuance of this Law and that he will not make any escape on the way:
Provided also that where the place in which the prisoner is in custody is more than twenty (20) miles but not more than one hundred miles from the court or place to which he is to be brought, return to the writ may be made within ten (10) days from the service thereof, and if more than one hundred (100) miles then within twenty (20) days from such service.
2. How writ to be marked
Every writ of habeas corpus shall be marked “Issued under the Habeas Corpus Law” and shall be signed by the judge issuing the same.
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