Part 4 - Pg 35 >

Question 1

What is S.112 and what does it allow?

Answer 1

If you are carrying out a lawful search and it is not reasonably practicable to determine whether any item can be lawfully seized you may:

• remove items for examination or analysis off-site to determine if you can seize them lawfully

Any item you want to remove must be within the scope of the original search.

If you are:
• Exercising a search power or
• Carrying out a lawful search of a person or
• Lawfully in a place or vehicle

Question 2

What is S.123 and what does it allow?

Answer 2

You may seize any item you find in plain view when you are searching or that you observe if:

• You have RGTB that you could have seized the item under a search warrant or other search power.

Question 3

What is the duration of a production order?

Answer 3

A production order is in force for the period specified in the order (not exceeding 30 days after the date on which the order is made). (Section 76).

Question 4

Before making an application directed to a telecommunications provider seeking information such as call associated data, or content who must you seek approval from?

Answer 4

You must seek prior approval from your district approver

Question 5

Before granting approval to apply for production orders, the district approver must take what matters into account and be satisfied?

Answer 5

• the grounds for applying for a production order 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 telecommunications provider, whom the order is against, particularly if those documents sought are forward looking (i.e. documents and call associated data coming into the control of the person etc whom the order is against while the order is in force).

Question 6

If your application relates to a news media organisation, you must?

Answer 6

Obtain approval from a Police Executive member in the case of PNHQ

or a district commander for a district matter

Question 7

You may apply for a production order if you have reasonable grounds to?

Answer 7

• suspect that an offence has been, is being, or will be committed (it must be an offence for which you could apply for a search warrant), and

• believe that the documents sought by the proposed order:
− constitute evidential material 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. (Section 72).

Question 8

How to apply for a production order?

Answer 8

You must apply for a production order in writing along with a personal appearance before, or communication orally with, the issuing officer unless it is impracticable to do so in the circumstances.

In this situation you may apply to:

• make an application orally e.g. by telephone or personal appearance, or
• have your application considered without a personal appearance or oral communication e.g. by email.

Question 9

An issuing officer may allow an application for a production order to be made orally (e.g. by telephone or by personal appearance) and excuse the applicant from putting all or part of the application in writing if satisfied that?

Answer 9

• 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 information is supplied to them (orally, or partly orally and partly in writing). (Section 100 (3))

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 form capturing the information conveyed to the issuing officer as soon as practicable and in any event within 24 hours, and the order

Question 10

Hearsay evidence can be used to outline the grounds on which the application is made, if it is highly reliable. Indicate its reliability by stating?

Answer 10

• sufficient information to prove the reliability of what has been stated
• the informant’s reliability and whether they have given reliable information in the past. An appropriate way to say this is: “In the past, Informant A has supplied Police with information that has proved to be reliable.”
• whether the information has been confirmed by other means.