Section 57

Subject to subsection (2), in any proceedings pending before the county court , the court may, if it thinks fit, upon application on affidavit by any party, issue an order ... for bringing up before the court any person (in this section referred to as a “prisoner”) confined in any place under any sentence or under committal for trial or otherwise, to be examined as a witness in the proceedings. No such order shall be made with respect to a person confined under process in any civil action or matter. Subject to subsection (4), the prisoner mentioned in any such order shall be brought before the court under the same custody, and shall be dealt with in the same manner in all respects, as a prisoner required by a writ of habeas corpus to be brought before the High Court and examined there as a witness. The person having the custody of the prisoner shall not be bound to obey the order unless there is tendered to him a reasonable sum for the conveyance and maintenance of a proper officer or officers and of the prisoner in going to, remaining at, and returning from, the court. This section applies in relation to the family court as it applies in relation to the county court.

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Source: legislation.gov.uk · retrieved 2026-08-15