Production Orders Flashcards
– What is a production order
Production orders are orders made under section 74 of the search and surveillance Act 2012 requiring a person or organisation (such as a business) to produce documents to enforcement agencies as evidential material to a specified offence
What are the considerations made when deciding whether to do a Search warrant or a production order?
You have the choice whether a standard search warrant or production order should be sought for use in any given case. While compliance costs are incurred by a business issued with a production order, these costs are offset against the avoidance of the disruption that would otherwise occur by physical entry and search of the premise under a search warrant. Very often production order powers will be lee intrusive and involve less cost, than using search warrants as an alternative.
Describe the “duration” of a production order
– A production order is in force for the period specified in the order (not exceeding 30 days after the date on which the order is made (Section 76))
Who may apply for a production order and under what section?
Any enforcement officer may apply to an issuing officer tor a production order under section 71(1)
Who must you seek prior approval from before making an application directed to telecommunications provider?
You must see prior approval from your DISTRICT APPROVER before making an application directed to a telecommunications provider seeking information such as call associated data, or content
What matters must the district approver take into account and be satisfied with before granting approval?
- The grounds for applying for a production order are met
- The resource benefit of making an application is advantageous to police and the investigation (I.e. the use of a production order is an effective tool and the offence(s) under investigation are sufficiently serious to justify the resource)
- The information sought does not make unreasonable or unnecessary demands on the telecommunications provider, whom the order is against, particularly if those documents sought are forward looking (I.e documents and call associated data coming into the control of the person etc whom the order is against while the order is in force.
If your application relates to a news media organisation, what must you do?
- Obtain approval from a POLICE EXECUTIVE member in the case of PNHQ or a DISTRICT COMMANDER for a district matter AND
- Follow the guidance on “Search warrants and production orders and examination orders involving media organisations” on the search chapter in the Police Manuel
When gaining approval to apply for a production order. What is best practice, when practicable, when seeking approval to apply?
Where practicable obtain written authority to make an application for a production order from a constable of or above the position level of sergeant where practicable.
You may apply for a production order if you have “Reasonable Grounds” to, What?
- Suspect and offence has been, or being, or will be committed (it must be an offence for which you could apply for a search warrant for) AND
- Believe that the documents sought by the proposed order, 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 into their possession, or under their control while the order is in force (Section 72).
How do you apply for a Production Order?
You must apply for a production order in writing along with a personal appearance before, or communication orally with, the issuing officer unless it is impracticable to do so in the circumstances.
If it is impracticable, in this situation you may apply to make n application orally E.g. by telephone or personal appearance OR have you application considered without a personal appearance or oral communication E.g. email.
All applications for production orders MUST be made using prescribed forms available in Police Forms – Search and Surveillance – Production orders
– What must a issuing officer be satisfied with to allow application for a production order to be made orally (By telephone or personal appearance) and excuse the applicant from putting all or part of the application in writing?
- 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 (Orally, or partly orally and partly in writing (Section 100(3)).
If an oral application is allowed, what then MUST happen?
- The issuing officer must record the grounds for the application as soon as practicable
- The applicant must complete the application form capturing the information conveyed to the issuing officer as soon as practicable and in any event within the 24 hours, and the order.
Hearsay evidence can be used to outline the grounds on which the application is made, if it is highly reliable. You should indicate its reliability by stating what?
- 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. An appropriate wat to this is: “In the past Informant A has supplied police with information that has proved to be reliable”
- Whether the information has been confirmed by other means
