In cases other than those specified in Code Sections 9-14-16, 9-14-17, and 9-14-18, the judge hearing the return shall discharge, remand, or admit the person in question to bail or shall deliver him to the custody of the officer or person entitled thereto, as the principles of law and justice may require.
§ 9-14-19.Powers of court in cases not covered by Code Sections 9-14-16 through 9-14-18
Chapter 14. Habeas Corpus · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-14-19 requires the judge hearing the return, in any case outside the specific grounds of Code Sections 9-14-16 through 9-14-18, to discharge, remand, or admit the person to bail, or to deliver the person to the officer or party entitled to custody, whichever the principles of law and justice require.
Full Text of § 9-14-19
Plain-English Summary
The three preceding sections cover specific fact patterns — grounds where discharge is off the table, defective process, and out-of-state offenses. This section is the residual clause that handles everything else. Whatever situation a habeas case presents outside those three sections, the judge hearing the return still has a duty to act, and this section names the range of dispositions available.
Four outcomes are listed: discharge the detained person outright, remand them to continued custody, admit them to bail, or deliver them to whichever officer or person is entitled to custody. The judge is not left to invent a fifth option, but the choice among these four is guided by an open standard — “as the principles of law and justice may require” — rather than a fixed rule tied to particular facts.
Read against Code Sections 9-14-16 through 9-14-18, this section confirms that those earlier sections are not the entire universe of habeas outcomes. They carve out situations where discharge is restricted; this section supplies the judge’s authority everywhere else.
Frequently Asked Questions
What does this section cover?
Habeas cases that do not fall within the specific grounds addressed in Code Sections 9-14-16, 9-14-17, and 9-14-18.
What options does the judge have under this section?
Discharge the person, remand them to custody, admit them to bail, or deliver them to the officer or person entitled to custody.
Is the judge required to choose among these four options?
Yes. The statute uses “shall,” making one of these dispositions mandatory once the case falls under this section.
What standard guides the judge’s choice among the four options?
The principles of law and justice, as the case requires — the statute does not tie the choice to a fixed formula.
How does this section relate to Code Sections 9-14-16 through 9-14-18?
Those sections address specific circumstances restricting discharge; this section supplies the judge’s authority in every other habeas case that reaches a decision on the return.
Amendment History
Orig. Code 1863, § 3927; Code 1868, § 3950; Code 1873, § 4026; Code 1882, § 4026; Penal Code 1895, § 1229; Penal Code 1910, § 1310; Code 1933, § 50-119.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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