HABEAS CORPUS ACT 1816 - SECT 3 Judges to inquire into the truth of facts contained in return.

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HABEAS CORPUS ACT 1816 - SECT 3

Judges to inquire into the truth of facts contained in return.

3. In all cases provided for by this Act, although the return to any writ of
habeas corpus shall be good and sufficient in law, it shall be lawful for the
justice or baron, before whom such writ may be returnable, to proceed to
examine into the truth of the facts set forth in such return by affidavit or
by affirmation (in cases where an affirmation is allowed by law); and to do
therein as to justice shall appertain; and if such writ shall be returned
before any one of the said justices or barons, and it shall appear doubtful to
him on such examination, whether the material facts set forth in the said
return or any of them be true or not, in such case it shall and may be lawful
for the said justice or baron to let to bail the said person so confined or
restrained, upon his or her entering into a recognizance with one or more
sureties, or in case of infancy or coverture, or other disability, upon
security by recognizance, in a reasonable sum, to appear in the court of which
the said justice or baron shall be a justice or baron upon a day certain in
the term following, and so from day to day as the court shall require, and to
abide such order as the court shall make in and concerning the premises; and
such justice or baron shall transmit into the same court the said writ and
return, together with such recognizance, affidavits, and affirmations; and
thereupon it shall be lawful for the said court to proceed to examine into the
truth of the facts set forth in the return, in a summary way by affidavit or
affirmation (in cases where by law affirmation is allowed), and to order and
determine touching the discharging, bailing, or remanding the party.

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Northern Irish Legislation

HABEAS CORPUS ACT 1816 - SECT 3