VICIn ForceRegulation
Corrections Regulations 2019
23Absence to attend court or a hearing
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23 Absence to attend court or a hearing
(1) If a court or coroner so orders, a prisoner may be removed from a prison and brought before the court or coroner to answer a charge or give evidence or for any other purpose, in a civil or criminal proceeding.
(2) An order for the removal of a prisoner under subregulation (1) must be in the form of Form 1 of Schedule 2.
(3) A notice in the form of Form 2 of Schedule 2 must be completed by the person in charge of the prison from which the prisoner is to be removed.
(4) Subject to section 55I(3) of the Act, while a prisoner who is ordered to be brought before a court or coroner is absent from a prison, the prisoner is in the legal custody of the person or persons having custody of the prisoner under the order made under subregulation (1).
(5) The person who has custody of a prisoner under subregulation (4) must return the prisoner to the prison from which the prisoner was removed unless the prisoner is discharged by process of law in respect of all matters requiring the prisoner's detention or is released on bail.
(6) This regulation does not apply if a prisoner who is required to appear before a court is directed by the court to make the prisoner's appearance by audio visual link or audio link from a prison under Part IIA of the **Evidence (Miscellaneous Provisions) Act 1958**.