Walsh faced two sets of charges. In one of which he was bailed and in the other he was remanded in custody. The Governor of the prison refused to produce him to the court for the purpose of facing the bailed proceedings.
Held: Habeas corpus may be applied for and granted on occasions such as when there is an excessive delay in bringing a prisoner up for trial.
Lord Fraser referred to Section 29 of the 1961 Act and added that: ‘so the effect of Section 29(1) of the Act of 1961, and of the circular, is that a Governor of a prison may direct a prisoner to be taken to a court if he is satisfied that his attendance at the court is desirable in the interests of justice.’
Lord Fraser
[1985] AC 154, [1984] 2 All ER 609, [1984] 3 WLR 205
Criminal Justice Act 1961 29
England and Wales
Cited by:
Cited – Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice SC 29-Jul-2015
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods . .
Lists of cited by and citing cases may be incomplete.
Updated: 11 September 2021; Ref: scu.591144
