Form 3—Notice when serving subpoena addrForm 3—Notice when serving subpoena addressed to person in prison

Form 3—Notice when serving subpoena addressed to person in prison

Note: This form is to be used when serving a subpoena issued by a court or an authority that is addressed to a person who is in prison and who is required to attend or give oral evidence: see section 41 of the Act.

Service and Execution of Process Act 1992

Notice to witness

This notice is very important

Please read it and the attached document or documents very carefully

If you have any trouble understanding them you should ask to receive legal advice as soon as possible

Attached to this notice is a subpoena1 (“the attached subpoena”) that is a subpoena for the purposes of Part 3 of the Service and Execution of Process Act 1992 issued by the [issuing court or authority].

Service of the attached subpoena outside [State or Territory of issue] is authorised by that Act.

An order, called an order for production, based on the attached subpoena has been served on the person in charge of the institution or place in which you are held. Under this order you will be taken to [name and location of the court, authority or person before which compliance is required], unless you are released before [date for compliance]. A copy of the order for production is required to be served on you by the person in charge of the institution or place in which you are held.

Your rights

The person in charge of the institution or place in which you are held must provide any assistance that you reasonably require to:

(a) apply to set aside or obtain other relief from the attached subpoena; or

(b) apply to set aside or vary the order for production relating to the attached subpoena; or

(c) obtain legal advice.

You may be able to apply to a court or authority to set aside or obtain other relief in respect of the attached subpoena or the order for production. If you would like to make an application you should ask for assistance to obtain legal advice as soon as possible. If you make an application to set aside or vary the order for production, you must, within 24 hours, give a copy to the person in charge of the institution or place in which you are held. [2If you make an application to set aside or obtain other relief in respect of the attached subpoena or the order for production, you must, within 24 hours, give a copy to [person at whose request the subpoena was issued].]

You will only be able to apply for the order for production to be varied or set aside if complying with it would have a substantial detrimental effect on your health or safety.

If the person in charge of the institution or place in which you are held makes an application to set aside or vary the order for production, you must be given a copy of that application within 24 hours of its being made.