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SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 39 Order for production

SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 39

Order for production

  (1)   The court of issue or the authority of issue may order that the prisoner be produced at the time and place specified in the subpoena as the time and place at which compliance with the subpoena is required.

  (2)   The court or authority may make an order only if it is satisfied that:

  (a)   the giving of the evidence that the prisoner is likely to give, or the production of a document or thing specified in the subpoena, is necessary in the interests of justice; and

  (b)   there will be enough time:

  (i)   for compliance with the order; and

  (ii)   to permit the making of applications under sections   43 and 44.

  (3)   Before making an order the court or authority may:

  (a)   require the person (if any) at whose request the subpoena was issued to give such security as the court or authority specifies for ensuring compliance with an order under section   45; and

  (b)   stay the proceeding for the making of the order until the security is given.

  (4)   An order:

  (a)   may be made subject to specified conditions; and

  (b)   must be addressed to the custodian of the prisoner.