Western Australian Current Acts

SUPREME COURT ACT 1935 - SECT 178

178 .         Habeas corpus proceedings

        (1)         If a person who is in custody pursuant to a warrant issued by another court is brought before the Supreme Court on a writ of habeas corpus, the Supreme Court must not order the release of the person on the ground of a defect or error in the warrant unless —

            (a)         it has received from the other court certified copies of the warrant and any court records that relate to the conviction or order in respect of which the warrant was issued; or

            (b)         if it has not received such copies, a reasonable time has elapsed since it requested the other court to supply the copies.

        (2)         If the Supreme Court receives such documents and is satisfied —

            (a)         that the conviction or order in respect of which the warrant was issued appears to be justified; and

            (b)         that any defect or error in the warrant is one of form only and does not affect the substantial merits of the conviction or order,

                the Supreme Court may order the warrant to be amended to rectify any defect or error and the person to be returned to custody.

        [Section 178 inserted: No. 84 of 2004 s. 71.]