27 maio 1679 ano - Habeas Corpus Act 1679
Descrição:
- A new Habeas Corpus Act was passed to prevent a loophole from the old one, which allowed prisoners to be taken to distant and isolated islands, who would then not be able to use habeas corpus.
- In criminal matters other than treason and felonies, the act gave prisoners or third parties acting on their behalf the right to challenge their detention by demanding from the Lord Chancellor, Justices of the King's Bench, and the Barons of the Exchequer of the jurisdiction a judicial review of their imprisonment.
- The act laid out certain temporal and geographical conditions under which prisoners had to be brought before the courts.
- Jailors were forbidden to move prisoners from one prison to another or out of the country to evade the writ. In case of disobedience jailers would be punished with severe fines which had to be paid to the prisoner.[6][7]
- This act was applied in the USA to prohibit imprisonment in Guantanamo.
The Habeas Corpus Act 1679 is an Act of Parliament in England (31 Cha. 2 c. 2) during the reign of King Charles II.[2] It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, which required a court to examine the lawfulness of a prisoner's detention and thus prevent unlawful or arbitrary imprisonment.[3]
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