Page "Habeas corpus" Paragraph 17

The wording of the writ of habeas corpus implies that the prisoner is brought to the court for the legality of the imprisonment to be examined.

However, rather than issuing the writ immediately and waiting for the return of the writ by the custodian, modern practice in England is for the original application to be followed by a hearing with both parties present to decide the legality of the detention, without any writ being issued.

If the detention is held to be unlawful, the prisoner can usually then be released or bailed by order of the court without having to be produced before it.

It is also possible for individuals held by the state to petition for judicial review, and individuals held by non-state entities to apply for an injunction.