Chapter

<i>Non-Custodial Restraint</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/9780198265849.003.0007
Non-Custodial Restraint

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This chapter examines the question of whether a person who is on bail or under non-custodial restraint can apply for habeas corpus. The jurisdictions are divided on this question, and indeed in some states there is conflicting case law within the jurisdiction. Two forms of bail that are relevant to habeas corpus cases are first, where a person seeks bail via habeas corpus, since the writ is also a device by which a person might seek bail; second, where a person applies for habeas corpus itself and the judge grants bail pending the outcome of the hearing. The aplicability of habeas corpus to child custody cases as well as extradition and fugitive offender cases is considered, along with the close custody rule and voluntary surrender.

Keywords: habeas corpus; bail; case law; remedy; writ; non-custodial restraint; child custody; voluntary surrender; close custody rule

Chapter.  20916 words. 

Subjects: Human Rights and Immigration

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