PO - Approval and Applying for a PO

Question 1

Who may apply for a Production Order (PO)?

Answer 1

Any enforcement officer can apply to an Issuing Officer for a PO.

Question 2

Approval to Apply?

Answer 2

You must seek prior approval from your District Approver before making an application directed to a Telecommunications provider seeking information such as call associated data, or content.

Question 3

Matters to be considered before granting approval for a PO? District Approver must be satisfied…

Answer 3

a) The grounds for applying for a PO are met.
b) The resource benefit or making an application is Advantageous to Police and the investigation.
c) 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.

Question 4

Approval to apply for a PO for media organization? If it relates to application to Media Organization?

Answer 4

a) Must obtain approval from a Police Executive Member in the case of PNHQ or a District Commander for a district matter
AND
b) Follow the guidance on SW, PO and Applications involving Media Organization.

Question 5

Who can approve a PO at the initial stages?

Answer 5

A Sgt or above.

Question 6

Grounds for applying for a PO?

Answer 6

a) SUSPECT that an offence has been, is being or will be committed (must be an offence that you can apply for a SW)
AND
b) BELIEVE that the documents sought by the proposed under:
- Evidential material in the respect of the offence AND
- Are in 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 7

How to apply for a PO?

Answer 7

Must be done in writing with a personal appearance before OR communication orally with the Issuing Officer UNLESS impracticable to do so.

In this situation you may apply:
a) Make an application orally (telephone or personal appearance) OR
b) Have an application considered without personal appearance or oral communication (by email)

Question 8

Oral Applications for a PO - when can the Issuing Officer excuse written form?

Answer 8

a) Requiring a written application would result in delay that would compromise the effectiveness of the search AND
b) The question of whether the order should be issued can be properly determined on the basis of an oral communication or personal appearance AND
c) All required information supplied to them (orally, or partly orally and partly in writing)

Question 9

If Oral Application is Allowed, what must happen?

Answer 9

• 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 of the order.

Question 10

Using Hearsay Evidence. When can you use it?

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.