40Service of order for production

#### 40 Service of order for production (1) Subject to any conditions specified under paragraph 39(4)(a), the order for production and the subpoena, or a copy of both the order and the subpoena, must be served on the custodian of the prisoner, together with a copy, or a further copy, of both the order and the subpoena for service on the prisoner. (2) Service of the order for production and subpoena must be effected in the same way as service of a subpoena in the place of issue. (3) Service of the order for production and subpoena is effective only if the subpoena contains an address for service of the person (if any) at whose request the subpoena was issued. (4) The custodian, or, if more than one person is the custodian of the prisoner, any such custodian, must comply with the order for production even if that custodian: (a) is not the person named in the order as the custodian of the prisoner; or (b) is not the custodian who was served with the order for production and subpoena. (5) As soon as practicable after receiving the order for production and subpoena, the custodian must serve a copy of the order and a copy of the subpoena on the prisoner. (6) If: (a) the copies are so served; and (b) the prisoner is released from prison at a time sufficiently prior to the date for compliance with the subpoena to make compliance with the subpoena reasonably practicable; then: (c) the prisoner: (i) is taken to have been served with the subpoena under section 29; and (ii) subject to paragraph 42(2)(b), is required to comply with the subpoena; and (d) sections 35, 36 and 37 apply in relation to the subpoena as if it had been issued under Division 1; and (e) section 36 so applies as if the subpoena had been served on the day of release. (7) The custodian need not comply with the order for production if the person to whom the subpoena is addressed is released from prison before the time for compliance.