3506Habeas corpus—procedure on application etc

3506 Habeas corpus—procedure on application etc (1) On the hearing of an application for a habeas corpus order, the court may— (a) order the release or other disposition of the person in custody; or (b) order the issue of a habeas corpus order directed to the defendant and to anyone else and give directions about the course to be taken under the habeas corpus order; or (c) dismiss the application. Note See approved form 3.44 (Habeas corpus order) AF2006-372. (2) If a habeas corpus order is issued— (a) the person to whom the order is directed must bring the person in custody before the court as directed in the order; and (b) unless the court otherwise orders, the following must be served personally on everyone to whom the order is directed: (i) a sealed copy of the order; (ii) the application for the order; (iii) the supporting affidavits; (iv) a notice stating the things to be done by the person under the order and the consequences of failing to comply with Note 1 See r 6405 (How document is personally served). Service may be made in another way eg by substituted service (see r 6460 (Substituted Note 2 The documents must be served as soon as possible (see Legislation Act, s 151B (Doing things for which no time is fixed)).

Habeas corpus Part 3.9 Rule 3507 (3) However, if a habeas corpus order is directed to the person in charge of the place where the person is in custody, a document mentioned in subrule (2) (b) may be served— (a) by sending a copy by prepaid post to the place where the person is in custody, addressed to the person in charge of the place; or (4) The court may, pending the return of the habeas corpus order, make an order about the custody of the person in custody.