10 Mar 2023
Because the applicant is not in custody or subject to restraint of his liberty, the writ of habeas corpus is unavailable; the passport dispute is an administrative matter for judicial review or mandamus, therefore the habeas corpus application must be dismissed.
3 Jun 2020
Where an offender is required by lawful ISUP/ISO conditions to remain at an approved address during a curfew and to participate in an approved reintegration programme, those requirements can amount to detention for habeas corpus purposes but are lawful if authorised by the sentence and programme; challenges to the sufficiency, structure or administration of the programme are matters for judicial review, not an application for habeas corpus; if a person were prevented from leaving during periods when no curfew or programme applied, that would be unlawful, but no such unlawful detention was est…
31 Jul 2019
Parole special conditions of a released prisoner do not amount to 'detention' for the purposes of the Habeas Corpus Act in the present circumstances; and even if construed as a restraint, the restraint was lawful because the sentence expiry date was validly calculated and the Parole Board had statutory authority to impose conditions; habeas corpus is therefore not available and the appeal is dismissed.