(1) An application for the issue of a writ of Habeas Corpus ad subjiciendum must be made to the court.
(2) An application under paragraph (1) may be made without notice but must be supported by evidence on affidavit.
(3) Such evidence must be given by the person restrained stating how that person is restrained.
(4) If the person restrained is not able to make the affidavit it may be made by another person on that person's behalf and must state why the person restrained is not able to make the affidavit.
(5) The application must be heard in open court unless it is made on behalf of a minor when it must be heard in chambers.