Habeas Corpus Act 1862

c. 20) is an act of the Parliament of the United Kingdom that limited the right of the English courts to issue writs of habeas corpus in British colonies or dominions.

[2] The act was passed in response to Ex parte Anderson,[3] a case in the Canadian courts in which the English Court of King's Bench attempted to issue a writ of habeas corpus and have Anderson appear before an English judge.

[4] While the court issued the writ, it felt that setting such a precedent would interfere with the "higher degree of Colonial independence".

[4] As a result, the act was passed, receiving royal assent on 16 May 1862.

The statute consists of only two clauses: The act was notably used in R v Secretary of State for Home Affairs, ex p O'Brien [1923] 2 KB 361, in which Sir Patrick Hastings' challenge to the deportation and internment of British citizens to the Irish Free State was rebuffed by the divisional court because the 1862 act meant that the court had no jurisdiction to order the release of the citizens.