38. The authorization of a judge is required and must be recorded with the summons where the witness is
(1) a minister or deputy minister of the Government;
(2) a judge;
(3) a person in detention in a facility referred to in article 7, a detention centre or a penitentiary.
The judge may grant the authorization only if he is satisfied that the testimony of the witness is useful to allow the prosecutor to prove the commission of an offence, to afford the defendant the benefit of a full and complete defence or to allow the judge to rule on a question submitted to him.
1987, c. 96, a. 38; 1992, c. 21, s. 361; 1995, c. 51, s. 49.