23 Sept 2010
MISIUK V SUPERINTENDENT OF A PENAL INSTITUTION HC AK CIV-2010-404-006242
- Citation
- openlaw-e6924fe7_1fb3_4f16_bbc6_b0c3a2270304.pdf
- Court
- High Court
Detention on 29 May 2009 was lawful despite the absence of a completed s44 warrant because s136(1) of the Summary Proceedings Act authorised arrest without warrant following the High Court determination, the s44 warrant requirement is procedural/administrative, and subsequent District Court warrants further regularised the detention; therefore habeas corpus relief is not available.