Search Legislation

Habeas Corpus Act 1803

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As enacted)

Advanced Features

 Help about advanced features

Opening Options

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Habeas Corpus Act 1803. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

E+W+S+N.I.

Habeas Corpus Act 1803

1803 CHAPTER 140 43 Geo 3

An Act to enable the Judges of His Majesty’s Courts of Record at Westminster to award Writs of Habeas Corpus for bringing persons detained in Gaol before Courts Martial, and the several Commissioners therein mentioned.

[11th August 1803]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1Reference to judges of the courts of King's Bench and Common Pleas and to barons of the Court of Exchequer to be construed as reference to a judge of the High Court: Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), ss. 18, 224(1)

C2Functions of commissioners for auditing the publick accounts now exercisable by Comptroller and Auditor General: Exchequer and Audit Departments Act 1866 (c. 39), s. 5

C3Short title given by Short Titles Act 1896 (c. 14)

Any judge of the courts at Westminster may award a writ of habeas corpus for bringing any prisoner in any gaol in England before a court martial, commissioners of bankrupt, &c.E+W

Whereas writs of habeas corpus have been frequently awarded by the judges of his Majesty’s courts of record at Westminster for bringing persons detained in custody under civil or criminal process before magistrates or courts of record as well for trial as for examination touching matters depending before such magistrates or courts respectively, but doubts have arisen whether such judges have power to award writs of habeas corpus for bringing persons detained as aforesaid before courts martial, commissioners of bankrupt, commissioners for auditing the publick accounts, or other commissioners acting under commission or warrant from his Majesty: And whereas it is expedient to make provision for bringing prisoners before such courts martial or commissioners for the purposes herein-before mentioned: From and after the passing of this Act it shall be lawful for any judge of his Majesty’s Courts of King’s Bench or Common Pleas respectively, or for any baron of his Majesty’s Court of Exchequer of the degree of the coif, at his discretion, to award a writ or writs of habeas corpus for bringing any prisoner or prisoners detained in any gaol or prison in England before any court martial, or before any commissioners of bankrupt, commissioners for auditing the publick accounts, or other commissioners acting by virtue or under the authority of any commission or warrant from his Majesty, his heirs or successors, for trial, or to be examined touching any matter depending before such courts martial or commissioners respectively; and the like proceedings shall be had upon such writ or writs of habeas corpus so to be awarded as aforesaid as by law may now be had upon writs of habeas corpus for bringing persons detained in gaol before magistrates or courts of record for such purposes as aforesaid; any law, custom, or usage to the contrary thereof in anywise notwithstanding.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources