Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 3507

Habeas corpus—return of order

On the return of a habeas corpus order, the court may do any of the following:

        (a)     receive further evidence in support of the application for release from custody;

        (b)     allow a person to whom the order is directed to show cause why the person should not be released from custody;

        (c)     if it considers the person's custody is unlawful—order the person's release or other disposition;

        (d)     set aside the order;

        (e)     if the evidence presented to the court suggests someone else has custody of the person in custody—order another habeas corpus order issue directed to the other person;

        (f)     make an order or give directions about the disposal of the proceeding, or about the person in custody, it considers appropriate.



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