Habeas corpus

Another of the historic prerogative writs. A command that was issued by a judge to a person having custody of another person to bring the prisoner before the court (“Let me have the body”) so that the court could inquire into the validity of that person’s detention.

A common law remedy, permitting anyone who is detained to require the person having custody to bring the detainee immediately before a court and to provide legal justification.

A writ issued by a judge ordering the release of a person who is being detained or imprisoned unlawfully.

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