38.—(1) Whenever the presence of any person confined in a prison is required in any court of civil or criminal jurisdiction, the court may issue a written order addressed to the Superintendent requiring the production before the court of the person in proper custody at the time and place to be named in the order.
(2) The Superintendent must cause the person named in the order to be brought up as directed, and must provide for the person’s safe custody during his or her absence from prison.
(3) A court may by endorsement on the order require the person named in the order to be again brought up at any time to which the matter, in which the person is required, may be adjourned.
(4) An order under this section may be signed by —
(a)
the Registrar of the Supreme Court, if the order is issued by the Court of Appeal, the Appellate Division of the High Court or the General Division of the High Court;
(b)
the registrar of the Family Justice Courts, if the order is issued by the Family Division of the High Court, a Family Court or a Youth Court;
(c)
the registrar of the State Courts, if the order is issued by a District Court, a Magistrate’s Court, a Coroner’s Court or any other State Court; or
(d)
the District Judge, Magistrate or Coroner who issued the order.
(5) An order under this section requiring the production of a person before a court in civil proceedings may be made by —
(a)
the Registrar of the Supreme Court, if the presence of the person is required in the Court of Appeal, the Appellate Division of the High Court or the General Division of the High Court;
(b)
the registrar of the Family Justice Courts, if the presence of the person is required in the Family Division of the High Court or a Family Court; or
(c)
the registrar of the State Courts, if the presence of the person is required in a District Court, a Magistrate’s Court, a Coroner’s Court or any other State Court.