Chapter

<i>Duration of Detention and Habeas Corpus</i>

DAVID CLARK and GERARD McCOY

in The Most Fundamental Legal Right

Published in print April 2000 | ISBN: 9780198265849
Published online January 2010 | e-ISBN: 9780191715280 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198265849.003.0005
Duration of Detention and Habeas Corpus

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While the overriding concern is to ensure that a detention lasts only as long as the legislation permits, a number of issues relating to time and length of detention are raised in case law. This chapter considers not only the problem of long or indefinite detentions, but also when the time for deciding when the detention legally commences and terminates, and whether habeas corpus may operate as a device to anticipate future detention. In emergencies, detentions might be authorised by special legislation, though it has been suggested that a permanent law depriving a person of liberty without trial would be contrary to constitutional provisions designed to protect persons from illegal or arbitrary detention. This chapter also discusses the availability of the writ of habeas corpus for restraints of short duration, detentions subject to reasonableness requirement, unlimited detentions subject to a condition, irregular detentions, finite detentions which are non-extendable, failure to meet time-limits, and present, past, and future detentions.

Keywords: habeas corpus; detention; writ; restraints; reasonableness; time-limits; irregular detentions; finite detentions; future detentions

Chapter.  14489 words. 

Subjects: Human Rights and Immigration

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