ORDER 54
APPLICATION FOR ORDER FOR REVIEW OF DETENTION11
1 Application for Order for Review of Detention11 (O. 54, r. 1)
2 Power of Court to whom ex parte application made (O. 54, r. 2)
3 Copies of affidavits to be supplied (O. 54, r. 3)
4 Power to order release of person restrained (O. 54, r. 4)
5 Return date for Order for Review of Detention11 (O. 54, r. 5)
6 Service of Order for Review of Detention11 (O. 54, r. 6)
7 Release and other directions (O. 54, r. 7)
8 Form of Order for Review of Detention11 (O. 54, r. 8)
9 Application (O. 54, r. 9)

ORDER 54

APPLICATION FOR ORDER FOR REVIEW OF DETENTION11

Application for Order for Review of Detention11 (O. 54, r. 1)
1. (1) [Deleted by S 806/2005]

(2) An application for an Order for Review of Detention 11 must be made by ex parte originating summons to a Judge and, subject to paragraph (3), must be supported by an affidavit by the person restrained showing that it is made at his instance and setting out the nature of the restraint.

(3) Where the person restrained is unable for any reason to make the affidavit required by paragraph (2), the affidavit may be made by some other person on his behalf and that affidavit must state that the person restrained is unable to make the affidavit himself and for what reason.

Power of Court to whom ex parte application made (O. 54, r. 2)
2. (1) The Judge to whom an application under Rule 1 is made may

(a) make an Order for Review of Detention11 forthwith; or

(b) direct that a summons for the Order for Review of Detention11 be issued.

(2) The ex parte originating summons, the affidavit in support thereof, the Order of Court and the summons must be served on the person against whom the issue of the writ is sought and on such other persons as the Judge may direct and, unless the Judge otherwise directs, there must be at least 8 clear days between the service of the summons and the date named therein for the hearing.

Copies of affidavits to be supplied (O. 54, r. 3)
3. Every party to an application for an Order for Review of Detention11 must serve a copy of each of the affidavits which he proposes to use at the hearing on every other party.

Power to order release of person restrained (O. 54, r. 4)
4. (1) Without prejudice to Rule 2 (1), the Judge hearing an application for an Order for Review of Detention11 may in his discretion order that the person restrained be released, and such order shall be a sufficient warrant to any superintendent of a prison or other person for the release of the person under restraint.

(2) During the hearing of an application for an Order for Review of Detention11, the person restrained need not be brought before the Court unless the Judge otherwise directs.

Return date for Order for Review of Detention11 (O. 54, r. 5)
5. Where an Order for Review of Detention11 is made, the Judge by whom the order is made shall give directions as to the date on which the person under restraint is to be brought before the Court.

Service of Order for Review of Detention11 (O. 54, r. 6)
6. (1) Subject to paragraph (2), an Order for Review of Detention11 must be served personally on each of the persons to whom it is directed.

(2) If it is not possible to serve the Order for Review of Detention11 personally, or if it is directed to a superintendent of a prison or other public official, it must be served by leaving it with an employee or agent of the person to whom the Order for Review of Detention11 is directed at the place where the person restrained is confined or restrained.

(3) [Deleted]

(4) [Deleted]

Release and other directions (O. 54, r. 7)
7. (1) Upon the production of the person under restraint in Court, the Court may order that he be released forthwith or give such other directions as it deems fit.

(2) [Deleted]

Form of Order for Review of Detention11 (O. 54, r. 8)
8. An Order for Review of Detention11 must be in Form 111.

Application (O. 54, r. 9)
9. This Order is not applicable to the Subordinate Courts.