2014
COURT OF APPEAL (CRIMINAL DIVISION)
United Kingdom
CORAM
AI Generated Summary
The case revolves around the dismissal of a habeas corpus application regarding Margaret Connors' imprisonment for contempt of court by Theis J for failing to disclose her children's whereabouts. Collins J and the Court of Appeal upheld the dismissal, noting that habeas corpus doesn't apply to sentences by competent courts and is not relevant post-release. Procedural irregularities did not invaliditate the court’s jurisdiction.
Judgment
Sir James Munby President of the Family Division :
This is in form a challenge to the refusal by Collins J, sitting in the Administrative Court on 6 November 2013, to issue a writ of habeas corpus. It is in substance a challenge to the decision of Theis J, sitting in the Family Division on 11 October 2013, to commit Margaret Connors to prison for 28 days for contempt of court. Collins J described the application for the writ as being, in the circumstances, “hopeless” and “entirely misconceived”. I agree. The challenge to Theis J’s decision is equally devoid of merit.
The proceedings before Theis J
The history of the proceedings before Theis J is set out in an extempore judgment she delivered on Friday 11 October 2013 and which, after being transcribed, was placed on BAILII (where it is freely available to all) on 12 November 2013: London Borough of Ealing v Connors [2013] EWHC 3493 (Fam) . The background, which I need not repeat, is set out in paragraphs 1-9 of Theis J’s judgment.
On Tuesday 8 October 2013 (Theis J, judgment paragraph 9), on an application by the London Borough of Ealing, Theis J made a collection order in standard form in relation to two missing children: A, born in 1999, and B, born in 2001. A and B are the daughters of Margaret Connors. Paragraph 1 of the collection order ordered that the children be placed into the care of the local authority. Paragraph 2 provided that:
“If MARGARET CONNORS … is in a position to do so … she must … deliver the children into the charge of the Tipstaff.”
Paragraph 3 provided that, if not in a position to deliver the children into the charge of the Tipstaff, the mother, as I shall refer to her:
“must … (a) inform the Tipstaff of the whereabouts of the children, if such are known to … her; and (b) also in any event inform the Tipstaff of all matters within … her knowledge or understanding which might reasonable assist him in locating the children.”
The order contained a warning that:
“the court has directed the Tipstaff to arrest any person whom he has reasonable cause to believe has been served with this order and has disobeyed any part of it.”
At the same time as making the collection order, Theis J also gave a direction to the Tipstaff in standard form. Paragraph 1 directed:
“the Tipstaff of the High Court of Justice, whether acting by himself or his deputy or an assistant or a police officer … as soon as practicable to take charge of [A and B] and thereupon to place [them] int