Production Orders

Question 1

Define production order

Answer 1

PO are made under section 74 of the s&s act

requiring a person or organisation to produce documents to enforcement agencies

as evidential material of a specified offence

Question 2

How long can a production order be in force for?

Answer 2

For the period specified in the order

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

Question 3

When applying for a production order, what 2 matters should you consider relating to the provider of information sought?

Answer 3

The grounds for applying for a production order 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 provider, whom the order is against,

particularly if those documents sought are forward looking.

Question 4

Grounds for applying for a production order

Answer 4

Suspect that an offence 
has been 
Is being
Will be 
committed

Believe that the documents sought by the proposed order

Constitute EM in respect of the offence and

are in possession or under control

of the person against whom the order is sought

or will come into their possession or under their control while the order is in force

Question 5

To use hearsay evidence, indicate its reliability by stating

Answer 5

Sufficient information to prove the 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