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Manual of Policy and Procedures / Volume 5 - Line Procedures / Chapter 7 - Judicial Process

5-07/040.00 - Writ of Habeas Corpus


5-07/030.00 - Proof of Prior Conviction
5-07/040.05 - Procedure When Served At a Custody Division Facility

A Writ of Habeas Corpus directed to the Sheriff commands him to bring a prisoner before a designated court at a specified time.  To be valid, a Writ of Habeas Corpus must:

  • Be issued by a court of competent jurisdiction;
  • Be dated;
  • Be directed to the Sheriff;
  • Name the prisoner; and
  • Specify the date, time and court or judge for appearance of the prisoner.

A Writ of Habeas Corpus may be used as a release document if the bail specified is tendered (P.C. Section 1490).

When a Writ is served, a copy of the petition should also be provided.  This is not a legal requirement, but is desirable because the petition contains information useful in making the return.

A Writ of Habeas Corpus not directed to the Sheriff shall be referred to the Court Services Division for service on the person to whom it is directed.