Habeas Corpus Act of the Restoration

Audience

The Habeas Corpus Act of 1679 was directed at three main groups: all those detained; those responsible for the procedures of detention, namely, the justices and custodians; and the originators of the detention, as answerable to the king and ministers of the executive. Following the act, English subjects were safeguarded from lengthy unlawful detention and intermittent periods of incarceration without trial (excluding under treason and felony charges). As directed toward the originators of detention, the act made clear that in all criminal cases except treason and felony (which carried longer periods of detention but not total exemption from the principle of habeas corpus), clear charges substantiated with evidence would have to be brought before the detainee in a timely manner. This was not necessarily expected to reduce the number of detentions, but it was expected to reduce their arbitrary and uncertain nature. Finally, from the procedural point of view, those responsible for the execution of justice were given clear duties and responsibilities, which went a long way toward standardizing the way habeas corpus writs were dealt with.