Production Order

Question 1

What is a Production Order?

Answer 1

Orders made under section 74 S & S 2012 requiring a person or organisation to produce documents to enforcement agencies as evidential material of a specific offence.

Question 2

Production Order Versus Search Warrant

Answer 2

It is more cost effective and less intrusive and a physical entry and search of the premise.

Question 3

How what is the duration of the order in place for?

Answer 3

As specified in the order but no longer than 30 days section 76

Question 4

Approval and Applying for a Production Order

Who may apply for a production order

Answer 4

Any enforcement officer may apply under section 71

Question 5

What must you do before applying for production order?

Answer 5

Seek approval from the district approver before seeking a production order.

Question 6

What must the district approver take into account before giving approval?

Answer 6

1. Grounds for applying for production order are met.
2. The resource benefit of making an application is
   advantageous to Police investigation
3. The info sought does not make unreasonable or
   unnecessary demands on the telecommunication
   provider whom the order is against, particularly if
   those documents sought are forward looking

Question 7

What must you do when seeking production of Media?

Answer 7

• Obtain approval from Police Executive member in the case of PNHQ or District Commander for a district matter AND
• follow the guidance on Search Warrants, production orders and examination orders involving media organisations in Search chapter in the Police Manual.

Question 8

What are the GROUNDS for applying for a Production Order?

Answer 8

• If you have RGTB
  to suspect that an offence has being or will be committed that is punishable by imprisonment AND
• BELIEVE that the documents sought proposed under the order will constitute evidential material in respect of the offence AND
• that document is in their possession and or will come into their possession / control while the order is in force(Section 72)

Question 9

How do you apply for a Production Order?

Answer 9

Must apply in writing along with 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 OR by telephone or personal appearance OR
• have your application considered without personal appearance or ORAL communication.

Question 10

Oral Applications for PO

An IO may allow application to be made orally (e.g telephone or by personal appearance) and excuse the applicant from putting all or part of the application in writing if satisfied, what must be the IO be satisfied with?

Answer 10

• written application would delay and compromise
  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 person appearance. AND
• all information is supplied to them (Orally or partly
  orally and partly in writing)

Question 11

If the PO is grant on an oral application, what should happen then?

Answer 11

• IO to record the grounds for the application as soon as practicable
• the applicant must complete the application form capturing the information conveyed to IO as soon as practicable and in any event within 24 hours of the order.

Question 12

Using Hearsay Evidence in PO,

How is this done in a PO?

Answer 12

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

• 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.
• whether the information has been confirmed by other means.