3. S&S - Production Orders Flashcards
What is a production order?
PO’s are orders made under s74 which require a person or organisation to produce documents to enforcement agencies as EM of a specified offence.
Explain reasons for PO vs SW
while compliance costs are incurred by a business issued with a PO, the costs are offset by the avoidance of disruption that would occur by physical entry and search of premises under a SW. PO’s can be less intrusive and involve less cost.
How long does a PO last?
a PO is in force for the period specified in the order) not exceeding 30 days after the date on which the order is made).
Who may apply for a PO?
any enforcement officer may apply to an issuing officer for a production order.
Outline the approval process for a telco PO
you must seek prior approval from your district approver before making an application to a telco provider seeking info. Before granting approval, they must be satisfied that:
• The grounds for applying for a PO are met
• The resource benefit of making an application is advantageous to Police and the investigation
• The information sought does not make unreasonable or unnecessary demands on the telco provider
What must you do for approval to apply for a media PO?
must obtain approval from a Police Exec member in the case of PNHQ or a district commander for district matters.
What grounds must you have for applying for a PO?
must have RGTS that an offence has been, is being or will be committed, and RGTB that the documents sent in the PO constitute EM in respect of the offence, and are in the possession or under the control of the person against whom the order is sought, or will come into their possession, or under their control while the order is in force.
How do you apply for a PO?
must apply for a PO in writing along with a personal appearance before an issuing officer, unless impracticable to do so. In this case may make an oral application or have an application considered without a personal or oral application.
Discuss oral applications for a PO
an issuing officer may allow an oral application if satisfied that:
• Requiring a written application would result in a delay that would compromise the effectiveness of the search, and
• The question of whether the order should be issued can be properly determined on the basis of an oral communication or personal appearance, and
• All required info is supplied to them
If an oral application is allowed:
• The issuing officer must record the grounds for the application as soon as practicable
• The applicant must complete the application as soon as practicable and within 24 hours
How can hearsay evidence be used in PO’s?
hearsay evidence can be used within an application if it is highly reliable. Its reliability can be indicated by stating:
• Sufficient info to prove the reliability of what has been stated
• The informant’s reliability and whether they have previously given reliable info
• Whether the info has been confirmed by other means
