Victorian Consolidated Legislation

Evidence Act 1958 - SECT 12

Prisoner may be brought before court to give evidence without writ of habeas corpus

12. Prisoner may be brought before court to give evidence without writ of
habeas corpus

Any person in custody in any gaol police gaol prison penal establishment youth
justice centre or remand centre for any cause or in the custody of the sheriff
his deputy or any of his officers for any cause may upon an order in writing
(in the form or to the effect in the Second Schedule) made as hereinafter
provided be brought before, or be brought to another place specified in the
order where facilities exist to enable the person (by audio or audio visual
link within the meaning of Part IIA) to appear before2, any court judge or
person acting judicially or person authorized to take the examination of
witnesses under Division one of this Part to give evidence in or upon any
legal proceedings without a writ of habeas corpus; and every such person is to
be returned in due course to the place from which he or she was brought,
unless released from custody according to law. Where such proceedings are to
take place before any court of which there is a judge appointed and commonly
known by that name then such order shall be made by a judge of such court.
Where such proceedings are to take place before the County Court then such
order shall be made by a judge thereof. Where such proceedings are to take
place before a special referee arbitrator or umpire or before any person
authorized under Division one of this Part to take any examination within
Victoria such order shall be made by the Supreme Court. In all other cases
such order shall be made by the Supreme Court or a magistrate. Nothing in this
section shall limit the effect of the provisions of the Coroners Act 1985
relating to the attendance of prisoners at inquests.

Division 4-Inspection of property