PRODUCTION ORDER Flashcards
What is the duration of a production order ?
s. 76
• Not exceeding 30 days after the date on which is made
Who may apply for a production order ?
• Any enforcement officer
Who must you seek approval to apply for a Production Order ?
• District Approver
Before granting approval to apply for productions orders, the district approver must take these matters into account and be satisfied for ?
- Grounds for applying for a PO are met
- Resource benefit of making an application advantageous to Police and the investigation
- Information sought does not make unreasonable / unnecessary demands on the telecommunications provider
If your application relates to a news media organisation you must ?
• Approval from Police executives member - case of PNHQ | District Commander - for district matters
Who do you obtain written authority to make an application ?
• From a Constable of or above the position level of sergeant
You may apply for a production order if you have RG to ?
- suspect that an offence has been, or will be committed &
- Believe that documents sought by the proposed order constitutes EM in respect of an offence are in the possession or under the control of a person against whom the order is sought or will come into their possession or control while the order is in force
How to apply for a PO ?
In worrying along with personal appearance or communication orally with the IO unless it is impracticable to do so in the circumstances
If it is impracticable to do so in the circumstances you may apply to ?
- Make the application orally e.g phone or personal appearance OR
- Have the application considered without personal appearance or oral communication
An IO may allow an application for a PO to be made orally & excuse the applicant from putting all of or part of the application in writing if satisfied that ?
- Requiring a written application would result in a delay that would compromise the effectiveness of the search
- Q whether the order should issued can be properly determined on the basis of an oral comms or personal appearance
- All required info is supplied to them
If an oral application is allowed IO must ?
Applicant must ?
- Record the grounds for the application ASAP
* Applicant must complete the application form capturing the info conveyed by the IO ASAP practicable with 24hrs
Hearsay evidence can be used to outline the grounds on which the application is made, if it is highly reliable. Indicate it’s reliability by stating ?
- Sufficient to prove reliability of what has been stated
- Informants reliability and whether they have given reliable info in the past
- Whether the info has been confirmed by other means