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57.1 This Part deals with applications for the issue of a writ for Habeas Corpus and proceedings upon such a writ.

57.2 (1) An application for the issue of a writ for Habeas

Corpus may be made without notice but must be supported by

evidence on affidavit.

1. Such evidence must be given by the person restrained stating how he is restrained.
2. However, if the person restrained is not able to make the affidavit it may be made by some person on his behalf and must state why the person restrained is not able to make the affidavit.
3. The application must be heard in open court unless it is made on behalf of a minor when it must be heard in chambers.

57.3 (1) The court may -

1. make an order for the writ to issue; or
2. adjourn the application and give directions for notice to be given

(i) to the person against whom the issue of the

writ is sought; and

(ii) to such other person as the judge may direct;

1. The court may also order that the person restrained be released.
2. Such an order is sufficient warrant to any person for the release of the person under restraint.
3. On making an order for the writ to issue the court office must give directions as to the date and place of hearing.

57.4 (1) The general rule is that the writ must be served personally on the

person to whom it is directed.

1. If it is not possible to serve that person personally or if that person is the keeper of a prison or other public official the writ may instead be served personally on a servant or agent of that person at the place where the person restrained is confined or restrained.
2. If the writ is addressed to more than one person it must be served on the person first named and copies served on each of the other persons named in accordance with paragraph (1) or (2).
3. Each person served must also be served with a notice in the prescribed form of the date and time on, and place at, which the person restrained is to be brought and containing a warning that in default of compliance with the writ proceedings for committal may be taken.

57.5 (1) Each person served must indorse on or annex to the writ

a return stating each cause of detainer of the person restrained.

(2) The return may be amended or another substituted with the

permission of the court.

57.6 An application for -

1. a writ for habeas corpus ad testificandum, or
2. a writ for habeas corpus ad respondendum; or
3. for an order to bring up a prisoner to give evidence otherwise than by writ for habeas corpus,

may be made without notice to judge in chambers but must be supported by evidence on affidavit.