Production Order

Question 1

Matters to consider before seeking approval for Production Order

Answer 1

• The grounds for applying for a production 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 forward looking documents

Question 2

News Media Organisation approval

Answer 2

Obtain approval from a Police Executive member or a district commander

Question 3

Grounds for applying for Production Order

Answer 3

RGTS that an offence that you could apply for a SW for has been, is being or will be committed and
RGTB that the documents sought 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 in to their possession or under their control.

Question 4

Oral application for Production Order

Answer 4

Requiring a written application would result in 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.
If oral application is allowed:
* issuing officer must record the grounds of application asap
* the applicant must complete the application form asap and within 24 hours

Question 5

Hearsay evidence in applications

Answer 5

it can be used to outline the grounds on which the application is made, if it is highly reliable.
Consider
- sufficient information to prove reliability of what has been stated
- the informants reliability and whether they have given reliable information in the past
- whether the information has been confirmed by other means

Question 6

Production Order

Answer 6

• Made under Sec 74 of Search & Surveillance Act 2012
• Requires person/organisation to produce documents to enforcement officers/agencies as EM of a specified offence.
• Issued by Issuing officers

Question 7

Production Order versus Search Warrant

Answer 7

• Compliance costs incurred by business issued with PO
• SW physical entry & search of premises
• PO powers less intrusive & involve less cost than using a SW as an alternative.

Question 8

Duration of Production Order

Answer 8

PO is in force for the period specified in the order not exceeding 30 days after the date on which the order is made.