Habeas corpus is under attack, say critics of the government's anti-terror bill. But what is it and why is it so cherished?
Habeas corpus (ad subjiciendum) is Latin for "you may have the body" (subject to examination). It is a writ which requires a person detained by the authorities be brought before a court of law so that the legality of the detention may be examined.
The name is taken from the opening words of the writ in medieval times.
Although rarely used nowadays, it can theoretically be demanded by anyone who believes they are unlawfully detained and it is issued by a judge.
It does not determine guilt or innocence, merely whether the person is legally imprisoned. It may also be writ against a private individual detaining another.
If the charge is considered to be valid, the person must submit to trial but if not, the person goes free.
http://news.bbc.co.uk/1/hi/magazine/4329839.stm
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