Production Orders

Question 1

Production Orders are made under which section of the Search and Surveillance Act?

Answer 1

Section 74

Question 2

Whats the minimum amount of time you should stipulate for the production of documents?

Answer 2

7 Days.

Question 3

What are the benefits of a Production Order over a Search Warrant for the person or business involved:

Answer 3

Ptentially less:

• disruption
• intrusive
• cost

(Dic)

Question 4

Who may apply for a production order and what section relates to this?

Answer 4

Any enforcement officer Section 71(1)

Question 5

Who provides prior approval?

Answer 5

District approver - constable of or above the position of sergeant.

Question 6

What matters should be considered before granting approval?

Answer 6

1. The grounds for applying for a production order are met
2. The resource benefit (the offense is sufficiently serious to justify it)
3. Necessity and reasonableness of demands

Question 7

Who can provide prior approval for a production order for a media organisation?

Where can you find further guidance?

Answer 7

1. Police Executive PNHQ, or a district commander for district matters
2. The Search chapter of the Police Manual

Question 8

What are the grounds for applying for a production order?

What section relates to this?

Answer 8

1. RGTS an offense punishiable by imprisonment has, is, or will be committed
2. RGTB that the documents sought:

• constitute evidential material in respect of the offence, and
• are in the possession or under the control, or will come into the possession or control, of the person who the order is sought

Section 72

Question 9

An Issuing Officer may excuse putting an application in writng if:

And

What section deals with this?

Answer 9

Section 100(3)

a) the issuing officer is satisfied that the delay that would be caused by requiring an applicant to put all or any part of the application (including any required material) in writing would compromise the effectiveness of the search; and
(b) the issuing officer is satisfied that the question of whether the warrant should be issued can properly be determined on the basis of an oral communication or a personal appearance (together with the material described in paragraph (c)); and
(c) the information required by section 98(1) to (3) is supplied (whether orally, or partly orally and partly in writing) to the issuing officer.

Question 10

If an oral applicaion is allowed then:

Answer 10

• the Issuing Officer must record the grounds for this application as soon as practicle
• the applicant must complete the application form capturing the informaiton conveyed to the Issuing Officer as soon as practicable and in any event within 24 hrs of he order.

Question 11

Reliable Hearsay evidence can be used in an application. You must indicate the relaibility by doing the following:

Answer 11

• provide sufficient information to prove the reliablity
• indicate the informants reliability by noting whether the informant has provided reliable information in the past
• Coroberation - Whether the information has been confirmed by other means