Define: Habeus Corpus

Habeas corpus is a legal principle that protects individuals from unlawful detention or imprisonment by allowing them to challenge the legality of their confinement before a court. The term “habeas corpus” translates to “you shall have the body” in Latin, reflecting the idea that a person has the right to have their physical body brought before a judge or court to determine the lawfulness of their detention. Habeas corpus safeguards against arbitrary or unlawful arrests and ensures that individuals are not deprived of their liberty without due process of law. It is a fundamental right enshrined in many legal systems around the world and serves as a cornerstone of the rule of law and individual freedoms.

Literally ‘you must have the body’. A writ of habeus corpus is issued by a judge in chambers, and requires that a person who is detaining another present the detainee in court. This writ is usually obtained to compel the police to justify the continued detention of a suspect (see: Power of arrest).

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This glossary post was last updated: 29th March, 2024.