section 758(1)


758(1) The offender shall be present at the hearing of the application under this Part and if at the time the application is to be heard (a) he is confined in a prison, the court may order, in writing, the person having the custody of the accused to bring him before the court; or (b) he is not confined in a prison, the court shall issue a summons or a warrant to compel the accused to attend before the court and the provisions of Part XVI relating to summons and warrant are applicable with such modifications as the circumstances require.