WHAT IS HABEAS CORPUS?
Habeas corpus means “having it brought” plus “body”
To inquire into the legality of the detention of a person
A writ or order requiring that a prisoner be brought before a judge or into court to decide whether he is being held lawfully.
WHY IS HABEAS CORPUS CONSIDERED AN EXCEPTION TO THE EXCEPTION?
Because it is a prerogative writ and therefore must be decided upon immediately by the court
The habeas corpus proceeding must take precedence over all other cases because it involves the liberty of the person
WITHIN HOW MANY HOURS SHOULD A JUDGE RESOLVE A HABEAS CORPUS PROCEEDING?
Within 48 hours or 2 days
WHAT ARE THE DUTIES OF THE PUBLIC ATTORNEY IF THE ACCUSED ASSIGNED TO HIM IS IMPRISONED?
1. He shall promptly undertake to obtain the presence of the prisoner for trial, or cause a notice to be served on the person having custody of the prisoner, requiring such person to advise the
prisoner of his right to demand trial
2. Upon receipt of that notice, the person having custody of the prisoner shall promptly advise the prisoner of the charge and his right to demand trial. If at anytime thereafter, the prisoner
informs the custodian that he demands such trial, the latter shall cause notice to that effect to be sent promptly to the public attorney
3. Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of the prisoner for trial
4. When the person having custody of the prisoner receives from the public attorney a properly supported request for the availability of the prisoner for purposes of trial, the prisoner shall be made
available accordingly.
