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UNIFORM CIVIL PROCEDURE RULES 1999 - REG 592 Procedure on application

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 592

Procedure on application

592 Procedure on application

(1) On the hearing of an application for a writ of habeas corpus, the court may—
(a) order the respondent to release the person who is under restraint; or
(b) order the issue of a writ of habeas corpus directed to the respondent and to anyone else and give directions as to the course to be taken under the writ; or
(c) dismiss the application.
(2) If a writ of habeas corpus is issued—
(a) the person to whom the writ is directed must bring the person who is under restraint before the court as directed in the writ; and
(b) unless the court directs otherwise, the writ, the application for the writ and all affidavits must, as soon as practicable, be served on the respondent and anyone else to whom the writ is directed.
(3) If a writ of habeas corpus is directed to a person in charge of a prison or other institution, service under subrule (2) may be effected by serving the person who is for the time being in charge of the prison or other institution.
(4) The court may, pending the return of the writ of habeas corpus, make an order as to the custody of the person under restraint.