asked Her Majesty's Government:Whether they consider that the Prevention of Terrorism Bill introduced in the House of Commons on 22 February contradicts, subsumes or negates the Habeas Corpus Act 1679. [HL1492]
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)).