HABEAS CORPUS
Application for Writ of Habeas Corpus ad Subjiciendum
In the High Court of Justice Queen's Bench Division {Divisional Court}
In the Matter of Joe Bloggs.
And in the Matter of an Application for a Writ of Habeas Corpus ad Subjiciendum.
I, Joe Bloggs, of {normal address of Joe Bloggs}, make oath and say as follows:
I have been imprisoned in a secret hearing for contempt of court. I requested a jury trial and to be tried in public. This is an unlawful imprisonment because it contravenes Article 6 of the European Convention of Human Rights which states:
In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
{alternatively the affidavit is in the name of someone other than the prisoner and explain why the prisoner cannot sign the affidavit}
Having regard to the above circumstances I respectfully submit to this Honourable Court that I am {or that the said Joe Bloggs is} now being unjustifiably detained at name of prison by The secretary of state for the Home Office and I therefore hereby apply for a writ of habeas corpus to be issued directing the said — to show cause why I {or he} should not be immediately released.
Sworn before me as commissioner for oaths.
This affidavit is filed on behalf of Joe Bloggs
A draft order needs to be included
Order made Ex Parte for Writ of Habeas Corpus to Issue
In the High Court of Justice Queen's Bench Division {Divisional Court}
In the Matter of Joe Bloggs.
And in the Matter of an Application for a Writ of Habeas Corpus ad Subjiciendum.
Upon hearing
And upon reading the affidavit of Joe Bloggs it is ordered that a Writ of Habeas Corpus ad subjiciendum do issue forthwith directed to The Secretary of State for the Home Office at Name of prison to have the body of Joe Bloggs brought immediately before the Honourable Mr. Justice — in Court {or the Judge in Chambers or the Divisional Court of the Queen's Bench Division} at the Royal Courts of Justice, Strand, London WC2A 2LL, to undergo and receive all and such matters and things as the said Judge {or Court} shall then and there consider of and concerning him in this behalf.
Returnable on _________ the ______, day of ______.
Dated the ________ day of _______ 20__.
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