Dacich v Commissioner of Corrective Services

The applicant, Mr Dacich, sought a writ of habeas corpus directed to the Commissioner of Corrective Services, challenging his detention. The Commissioner argued that the writ should have been directed to the Sheriff, as the Sheriff, not the Commissioner, had custody of prisoners. The appeal concerned the refusal by the primary judge to issue the writ.

The Court of Appeal was required to determine to whom a writ of habeas corpus should be directed when a prisoner is held in a correctional centre, and whether the prosecutor was entitled to appear in proceedings for a writ of habeas corpus. Further, the Court considered whether a warrant for commitment was required in addition to a court order for a sentence of imprisonment, and the implications of ss 69A-D of the *Supreme Court Act 1970* (NSW) regarding release on bail and stays of execution.

The Court held that the Commissioner of Corrective Services was the appropriate respondent to a writ of habeas corpus concerning a prisoner detained in a correctional centre, as the Commissioner had effective control over the prisoner's detention. The Court also found that the prosecutor had a right to appear in such proceedings. Regarding the commitment, the Court determined that a warrant for commitment was not a prerequisite for lawful detention following a sentence of imprisonment, and that the provisions of ss 69A-D of the *Supreme Court Act 1970* did not provide a basis for the relief sought. The appeal was accordingly dismissed.