PRODUCTION ORDER Flashcards

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1
Q

What is the duration of a production order ?

A

s. 76

• Not exceeding 30 days after the date on which is made

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2
Q

Who may apply for a production order ?

A

• Any enforcement officer

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3
Q

Who must you seek approval to apply for a Production Order ?

A

• District Approver

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4
Q

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

A
  • 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
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5
Q

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

A

• Approval from Police executives member - case of PNHQ | District Commander - for district matters

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6
Q

Who do you obtain written authority to make an application ?

A

• From a Constable of or above the position level of sergeant

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7
Q

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

A
  • 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
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8
Q

How to apply for a PO ?

A

In worrying along with personal appearance or communication orally with the IO unless it is impracticable to do so in the circumstances

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9
Q

If it is impracticable to do so in the circumstances you may apply to ?

A
  • Make the application orally e.g phone or personal appearance OR
  • Have the application considered without personal appearance or oral communication
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10
Q

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 ?

A
  • 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
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11
Q

If an oral application is allowed IO must ?

Applicant must ?

A
  • Record the grounds for the application ASAP

* Applicant must complete the application form capturing the info conveyed by the IO ASAP practicable with 24hrs

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12
Q

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 ?

A
  • 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
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