126Witness already held in custody

126 Witness already held in custody S. 126(1) amended by No. 37/2014 s. 10(Sch. item 85.22). (1) If a witness summons is issued to a person who is in a prison or a police gaol, the IBAC may give a written direction that the person be delivered into the custody of a police officer for the purpose of bringing the person before the IBAC as required by the witness summons. (2) A direction under subsection (1)— (a) must be in the prescribed form; and (b) must include a statement that if the person who is the subject of the direction is under the age of 16 years at the date the direction is given, the direction is of no effect and the person is not required to attend the IBAC. S. 126(3) amended by No. 37/2014 s. 10(Sch. item 85.22). (3) While a person who is subject to a direction under subsection (1) is absent from a prison or a police gaol, the person is deemed to be in the legal custody of the police officer. S. 126(4) amended by Nos 37/2014 s. 10(Sch. item 85.22), 30/2016 s. 33. (4) The person is to be detained in the legal custody of the police officer until he or she is excused by the IBAC from attendance. S. 126(5) amended by No. 37/2014 s. 10(Sch. item 85.22). (5) The police officer who has custody of a person under subsection (3) must return the person to the prison or the police gaol from which the person was removed under the direction under subsection (1) when the person is excused by the IBAC from attendance. S. 127 inserted by No. 28/2012 s. 21 (as amended by No. 82/2012 s. 151(3)), amended by No. 82/2012 s. 16.