Habeas Corpus Act, 1804

HABEAS CORPUS ACT 1804

CHAPTER CII.

An Act for the more effectual Administration of Justice in those Parts of the United Kingdom of Great Britain and Ireland called England and Ireland by the issuing of Writs of Habeas Corpus ad testificandum, in certain Cases. [28th July 1804.]

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

General Saving.

WHEREAS it is expedient for the more effectual administration of justice in those parts of the United Kingdom of Great Britain and Ireland called England and Ireland that further provisions should be made for the issuing of writs of habeas corpus ad testificandum in certain cases: Be it therefore enacted and declared by the King’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, that 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, or any justice of oyer and terminer or gaol delivery, being such judge or baron as aforesaid, 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 any sitting of nisi prius, 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 grand, petit, or other 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.

[Residue rep. 24 & 25 Vict. c. 101. (S.L.R.)]