Production Orders Flashcards
How long in force?
For the period specified in the order not exceeding 30 days after the date on which the order is made
Who may apply?
An enforcement officer may apply to an issuing officer for a production order
Matters supervisor considers:
Grounds for application are met
Resource benefit of making an application is advantageous to police and the investigation
Information sought does not make unreasonable or unnecessary demands on the info provider
Grounds for applying
RGTS offence has been/being/will be committed
RGTB the documents sought:
Constitute evidential material in respect of offence
Are in possession or control of person against whomever the order is sought or will come into their possession or under their control while order is in force
How to apply
In writing along with a personal appearance before, or communicated orally with, the issuing officer unless impractical in circumstances.
Then you may
Make an oral application
Have your application considered without a personal appearance or oral communication
Oral applications
If IO is satisfied
Requiring a written application would result in a 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 an oral application is allowed the issuing officer must:
Record the grounds for the application as soon as practical and
must complete the application form capturing the information conveyed to the issuing officer as soon as practical in any event Within 24hrs
Using hearsay evidence
Indicate reliability by stating:
Sufficient information to prove the reliability of what has been stated
Whether the info has been confirmed by other means
The informers reliability and whether they have given reliable information in the past
