139Prisoner to be present for statement under Evidence Act 2001

### 139 Prisoner to be present for statement under Evidence Act 2001 > [*\[Section 139 Amended by No. 80 of 2001, Sched. 1, Applied:01 Jul 2002\]*](/view/html/inforce/2002-07-01/act-2001-080#JS1@Ja10@GC1@EN) Where a prisoner in custody has served or received notice of an intention to take a statement as provided in [section 194B of the](/view/html/inforce/2026-04-12/act-2001-076#GS194B@EN) [Evidence Act 2001](/view/html/inforce/2026-04-12/act-2001-076) – > > > > (a) a judge; > > > > > (b) a justice by whom the prisoner was committed; > > > > > (c) a magistrate; or > > > > > (d) one of the visiting justices of the gaol in which the prisoner is confined– > > may, by an order in writing, direct the gaoler having the custody of the prisoner to convey him to the place mentioned in the notice for the purpose of being present at the taking of the statement, and the gaoler shall convey the prisoner or cause him to be conveyed accordingly, and the expenses of his conveyance shall be paid out of the funds applicable to the other expenses of the gaol.