12Prisoner 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 before[[2]](#endnote-3), 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 2008** relating to the attendance of prisoners at inquests. Pt 1 Div. 4 (Heading and s. 13) amended by Nos 7840 s. 20(b), 110/1986 s. 140(2), repealed by No. 69/2009 s. 6. Pt 1 Div. 5 (Heading and ss 14–21) amended by Nos 7933 s. 2, 8190 s. 2(1), 9554 s. 2(2)(Sch. 2 items 66, 67), 110/1986 s. 140(2), 31/1994 s. 3(Sch. 1 item 25), 80/1998 s. 6, 77/2008 s. 129(Sch. 2 item 9.2), 7/2010 s. 8, 43/2012 s. 3(Sch. item 17.1), 52/2012 s. 14, 37/2014 s. 10(Sch. items 59.2, 59.3), repealed by No. 67/2014 s. 147(Sch. 2 item 16.2). Pt 1 Div. 6 (Heading and ss 21D–21H) inserted by No. 10074 s. 4(1).