43Application for relief from subpoena

#### 43 Application for relief from subpoena (1) This section applies if the prisoner has a right under the law of the place of issue to apply to a court or authority to set aside or obtain other relief in respect of the subpoena. (2) Without limiting the ways in which, under the law of the place of issue, the application may be made, it may be made by transmitting the application to the court or authority by fax. (3) Within 24 hours after making the application, the prisoner must cause a copy of the application to be served on the person (if any) at whose request the subpoena was issued at the person’s address for service. (4) For the purposes of calculating the 24 hour period, a day that is: (a) a Saturday; or (b) a Sunday; or (c) a public holiday or bank holiday in the place in which the application is to be served; does not count. (5) Without limiting the ways in which, under the law of the place of issue, service may be effected, it may be effected by transmitting the copy to that address by fax. (6) The court or authority may determine the application without a hearing unless the prisoner, or the person (if any) at whose request the subpoena was issued, objects. (7) For the purposes of determining the application, the court or authority may hold a hearing by audio link or audiovisual link. (8) A person who is entitled to practise as a barrister, solicitor or both before a court in: (a) the place of issue of the subpoena; or (b) another State in which a person is participating in the hearing by audio link or audiovisual link; has a right of audience before the court or authority at the hearing. (9) If the court or authority sets aside or grants other relief in respect of the subpoena, it is to make any necessary consequential order in respect of the order for production.