Power of Court to Order Prisoner to be Brought Before It.

Power of Court to Order Prisoner to be Brought Before It – Section 126 of the Criminal Procedure Act [Cap. 20 R.E. 2022]

Section 126 of the Criminal Procedure Act grants the court authority to require the appearance of a prisoner before it, even when such a person is already confined in a prison within the local jurisdiction of that court. Under subsection (1), if a person is imprisoned and the court has legal grounds to issue a summons or warrant for their appearance or arrest, the court may issue an official order to the officer in charge of the prison. This order mandates the prison officer to bring the prisoner before the court in proper custody at a specific time stated in the order. Subsection (2) obligates the prison officer to comply with the court’s directive and ensure the prisoner’s safe custody during their absence from prison for the court appearance. This provision is crucial for ensuring access to justice and the smooth conduct of legal proceedings, especially when a party or witness to a case is already serving a sentence or awaiting trial in custody.