STATUTE LAW (MISCELLANEOUS PROVISIONS): SUBSIDIARY LEGISLATION

STATUTE LAW (MISCELLANEOUS PROVISIONS): SUBSIDIARY LEGISLATION

STATUTE LAW (MISCELLANEOUS PROVISIONS) DIRECTION RULES

under s. 16 (6) (b)

G.N. 72/1982

1.    Citation

    These Rules may be cited as the Statute Law (Miscellaneous Provisions) Direction Rules.

2.    Manner of applying for a direction under section 16 (6) (a) of Cap. 5:01

    (1) An application for a direction under section 16 (6) (a) of the Statute Law (Miscellaneous Provisions) Act must be made to a Judge in chambers.

    (2) An application for such direction may be made ex parte and, subject to subrule (3), must be supported by an affidavit by the person restrained, showing that it is made at his instance and setting out the nature of the restraint.

    (3) Where the person restrained is unable for any reason to make the affidavit required by subrule (2), the affidavit may be made by some other person on his behalf and that affidavit must state that the person restrained is unable to make the affidavit himself and specify for what reason.

3.    Power of Judge to whom application is made

    (1) The Judge to whom an application under rule 2 is made may give a direction forthwith or may order that an application therefor be made by originating motion to a Judge in court.

    (2) The notice of motion must be served personally on such persons as the Judge shall direct and, unless the Judge otherwise orders, there must be at least ten clear days between the service of the notice and the date named therein for the hearing of the application.

4.    Copies of affidavits to be supplied

    Every party to an application must supply to every other party, on demand, a copy of each affidavit which he proposes to use at the hearing of the application.

5.    Power to direct release of person restrained

    The Judge hearing an application for a direction may in his discretion direct that the person restrained be released, and such direction shall be sufficient warrant to any prison superintendent, police officer, or other person, for the release of the person restrained.