- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Habeas Corpus Act 1804.
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.
An Act for the more effectual Administration of Justice in England and Ireland by the issuing of Writs of Habeas Corpus ad testificandum, in certain Cases.
[28th July 1804]
Whereas it is expedient for the more effectual administration of justice in England and Ireland that further provisions should be made for the issuing of writs of habeas corpus ad testificandum in certain cases:
Modifications etc. (not altering text)
C1Short title given by Short Titles Act 1896 (c. 14)
C2References to Ireland to be construed as exclusive of Republic of Ireland: S. R. & O. 1923/405 (Rev. X, p. 298: 1923, p. 400), art. 2
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 of England and Ireland respectively, or any baron of his Majesty’s Court of Exchequer of the degree of the coif in England, or any baron of his Majesty’s Court of Exchequer in Ireland, . . . F1 at his discretion, to award a writ or writs of habeas corpus, for bringing any prisoner or prisoners detained in any gaol or prison before any of the said courts, . . . F1 or before any other court of record in the said parts of the said United Kingdom, to be there examined as a witness or witnesses, and to testify the truth before such courts, or any . . . F2 jury, in any cause or causes, matter or matters, civil or criminal, whatsoever, which now are or hereafter shall be depending or to be enquired into or determined in any of the said courts.
Textual Amendments
F1Words repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV and Judicature (Northern Ireland) Act 1978 (c. 23), Sch. 7
F2Words repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV and S.I. 1974/2143 (N.I. 6), Sch. 5
Modifications etc. (not altering text)
C3Reference 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 (E.W.) a judge of the High Court: Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), ss. 18, 224(1) and (N.I.) to a judge of the High Court of Justice in Northern Ireland: Supreme Court of Judicature Act (Ireland) 1877 (c. 57), ss. 21, 71 and S. R. & O. 1921/1802 (Rev. XVI, p. 954: 1921, p. 1332), art. 2(1) and Judicature (Northern Ireland) Act 1978 (c. 23), s. 16(2), Sch. 5 para. 1
Textual Amendments
F3S. 2 repealed by Statute Law Revision Act 1861 (c. 101)
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.