15-014
DIRECTOR OF ADM.
32
852 877 3802
P.41
ricted
a
..nen a person is on wall ris freeuom 13 certainly
certain ceyree, ut counsel was not able to find single example from any of the numerous jurisdictions lat federal cr state [evel] „nich make up the Commonwealth,
indeed, from any other common law jurisdiction, where
habeas corpus had Deen issued in relation to a person on call,
tevedy which has been known to the common law since
e :th century.
1. Cust
urety
atter,
Lappene;
AS
A trarawn. the
Sefendant will be taken and his restraint can then be challenged. If a Cises his right to arrest the person for whom he -urety and surrenders him into custody so that he
is arrested the available, out as presenti auvisej, even on સ argument that d3 ceen Quuressed to us on the in very firmly inclined to the view that what
entirely misconceived.
as
Jonu,
soon as
arrest of the defendants
Line's position, I simply cannot
as he to withurâ.
and have thein
Lagerstand ..nat as expected of nia.
call, virect the
+
Brought efore nin
+
Picre the
SO that he could "have their wooles
n Court"? The Qunt was made that when the
own recognizance from a
upp.cant. : 、 on cail on
ayisute's court, the only appropriate respondent to the
ماراده
whether
anyone
•
De the aulstrate. This Legs the question
пе writ 25 available and properly addressed to
these circumstances.
Marayraph
uite upart from all this, as noted 10
24/1/1 of the Supreme Court Practice, in relation
"[the writi is of right and granted ex Jepito ustitiae, but not as of course
and may de
to RSC 0.4
•
1:
refused where another remedy lies whereby the validity of the restraint can be effectively questioned. The defendants were free (free in the real sense) to challenge