North Carolina § 15A-804 Voluntary protective custody

North Carolina Statutes

§ 15A-804 — Voluntary protective custody

North Carolina § 15A-804

Ch. 15ACriminal Procedure Act

Art. 42Attendance of Witnesses Generally

Subch. VIIIATTENDANCE OF WITNESSES; DEPOSITIONS

This text of North Carolina § 15A-804 (Voluntary protective custody) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 15A-804 (2026).

Text

(a)Upon request of a witness, a judge of superior court may determine whether he is a material witness, and may order his protective custody. The order may provide for confinement, custody in other than a penal institution, release to the custody of a law-enforcement officer or other person, or other provisions appropriate to the circumstances.

(b)A person having custody of the witness may not release him without his consent unless directed to do so by a superior court judge, or unless the order so provides.

(c)The issuance of either a material witness order or an order for voluntary protective custody does not preclude the issuance of the other order.

(d)An order for voluntary protective custody may be modified or vacated as appropriate by a superior court judge upon the request of th

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(a) Upon request of a witness, a judge of superior court may determine whether he is a material witness, and may order his protective custody. The order may provide for confinement, custody in other than a penal institution, release to the custody of a law-enforcement officer or other person, or other provisions appropriate to the circumstances.
(b) A person having custody of the witness may not release him without his consent unless directed to do so by a superior court judge, or unless the order so provides.
(c) The issuance of either a material witness order or an order for voluntary protective custody does not preclude the issuance of the other order.
(d) An order for voluntary protective custody may be modified or vacated as appropriate by a superior court judge upon the request of the witness or upon the court's own motion. (1973, c. 1286, s. 1.)