APPLICATION FOR ORDER FOR REVIEW OF DETENTION11
—(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.
—(1) The Judge to whom an application under Rule 1 is made may —
make an Order for Review of Detention11 forthwith; or
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.
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.
—(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.
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.
—(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.
8. An Order for Review of Detention11 must be in Form 111.