§ Lord Hanningfield
asked Her Majesty's Government:
§ Baroness Scotland of Asthal
The Government do not consider that the Prevention of Terrorism Act 2005 (as enacted) affects the Habeas Corpus Act 1679. That Act allows anyone detained to issue a writ requiring him to be brought before a court to have the lawfulness of his detention determined.
The 2005 Act in no way precludes this. By virtue of Section 11(1), any habeas corpus application would go to the relevant control order court (as defined in Section 15(1)).