Habeas corpus — literally, “produce the body” — is the writ used to secure the release of a person unlawfully detained. It is treated by the courts as inherently urgent.
Who can file it
A habeas corpus petition can be filed by the detained person, or on their behalf by a family member or any person with knowledge of the detention, which matters because the detained person is often unable to file it themselves.
What the petition must show
- That the person is in fact detained or confined
- The identity of the person or authority holding them, where known
- That the detention lacks lawful authority, or that lawful process has not been followed
- Any response received when the detention was informally challenged
The court’s response
On a habeas corpus petition, the court can direct that the detaining authority produce the person and justify the detention. Where no lawful justification is shown, the court can order immediate release.
Distinguishing lawful custody
A person in lawful custody following a valid arrest and within the permitted period is not unlawfully detained. Habeas corpus targets detention without lawful authority — beyond the permitted period, without following required process, or without any legal basis at all.
What to do next
Act immediately. Bring whatever is known about where and by whom the person is being held, and any information about how the detention came about.