See also Part
50, RSC Order
54
Practice Direction
– Schedule 1, Order 54
(Application for writ of habeas corpus)
This Practice Direction supplements CPR Part 50, and
Schedule 1 to the CPR
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Terminology
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| 1.1 |
In this practice direction
– |
| | (1)
| ‘Order 54’ means those provisions
contained in Schedule 1, RSC Order 54 which were previously contained in the
Rules of the Supreme Court (1965); |
|
| | (2)
| a reference to a rule or Part prefixed with CPR
is a reference to a rule or Part contained in the CPR rules; and |
|
| | (3)
| a reference to a rule number alone is a reference
to the rule so numbered in Order 54. |
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Scope
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| 2.1 |
This practice direction supplements Order 54 (which
sets out how to apply for a writ of habeas corpus) by providing further detail
about the application. |
|
| 2.2 |
This practice direction must be read together with
Order 54. |
|
| 2.3 |
It also lists at paragraph 7 other practice directions
which governed procedure relating to Order 54 before 26 April 1999 and which
will continue to do so. |
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Form to be used where court directs claim form to be
used
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|
| 3.1 |
Where the court directs that an application be made by
claim form, under – |
| | (1)
| rule 2
(on hearing application under rule 1); or |
|
| | (2)
| rule 4(2) (application in criminal proceedings
ordered to be made to Divisional Court of the Queen’s Bench
Division), |
the claimant must use Form 87 modified in accordance
with the guidance set out in the Forms practice direction. |
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Form to be used for Notice of adjourned application directed
by court
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| 4.1 |
Where the court directs under rule 2(1)(c) that an application made
under rule 1 is adjourned to allow for service of notice of the application,
such notice must be given in modified Form 88. |
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Service
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| 5.1 |
The party seeking the writ must serve
–
|
| | (2)
| the writ of habeas corpus ad subjiciendum and
notice in Form 90, as modified, in accordance with rule 6. |
(CPR rule 6.3 provides that the court will normally
serve a document which it has issued or prepared). |
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The Administrative Court
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| 6.1 |
When the court directs that an application is to be
made by claim form under
– |
| | (1)
| rule 2(1) (powers of court to
whom application made under rule 1); or |
|
| | (2)
| rule 4(2)
(power of court where
application made in criminal proceedings) |
the application must be entered in the Administrative
Court List in accordance with Practice Direction (Crown Office List) 1987 1 WLR
232 [1987] 1 All ER 368. |
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Practice Directions etc., which apply to Order 54
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| 7.1 |
On and after 26 April 1999, the Practice
directions, Statements and Practice Notes set out in Table 1 continue to apply
to proceedings under Order 54. Table 1
| Practice Direction etc. |
Content |
|---|
| Practice Note [1983] 2 All ER 1020 |
Urgent matters outside London
– consultation of Crown
Office and continuation in London |
| Practice Note (Crown Office List) [1987] 1 All ER
1184 |
Need for accuracy in time estimates |
| Practice Direction (Crown Office List) [1987] 1 WLR
232; [1987] 1 All ER 368. |
Parts of the List |
| Practice Direction (Crown Office List: Preparation
for hearings) [1994] 4 All ER 671, [1994] 1 WLR 1551 (18th November 1994). |
Preparation for hearings;
Documentation; Time limits;
Skeleton arguments; amendment of grounds. |
| Practice Direction (Crown Office List; Consent
Orders ) [1997] 1 WLR 825 |
Consent orders |
| Practice Statement (Supreme Court; Judgments)
[1998] 1 WLR 825, [1998] 2 All ER 638. |
Judgments |
|