Production Orders

Question 1

What is a Production Order?

Answer 1

An effective investigation tool.

Orders made under s74 of S&S Act 2012 requiring a person or organisation to produce documents to enforcement agencies as evidential material of a specified offence. They are issued by issuing officers.

Information sought should not make unreasonable or unnecessary demands of a provider for information.

Question 2

Production Order v Search Warrant

Answer 2

PO powers are less intrusive and involve less cost than using search warrant as an alternative

Question 3

Duration of PO

Answer 3

In force for a period specified in the order (not exceeding 30 days after the date the order was made)

Question 4

Approval to Apply

Answer 4

Approval from district approver before making application directed to a telecommunications provider seeking information such as call data and content

Question 5

• Matters to Consider Before Granting Approval

Answer 5

• the grounds for applying for a production order are met
• the resource benefit for making an application is advantageous for Police and the investigation
• the information sought does not make unreasonable or unnecessary demands on the telecommunications provider

Question 6

PO against Media

Answer 6

Approval obtained by Police Executive member for PNHQ or District Commander for a district matter

Question 7

Grounds for PO

Answer 7

• RGTS an offence has, is or will be committed (must be an offence you can apply for an SW)
• RGTB the documents sought: constitute evidential material in respect of the offence AND are in the possession of the person whom the order is sought

Question 8

• Applications

Answer 8

• application made orally (phone or personal appearance)
• application made in writing (provided by email)

Question 9

Oral Applications

Answer 9

Issuing officer may excuse a written application if satisfied:
- requiring written would delay and compromise the effectiveness of the search
- whether the order should be issued can be properly determined on the basis of an oral communication/personal appearance
- all required information is supplied

If it allowed:
- Issuing officer must record the grounds for the application as soon as practicable
- applicant must complete the application within 24hrs

Question 10

Using Hearsay Evidence

Answer 10

Hearsay evidence can be used to outline the grounds on which the application is made, if it is highly reliable.

• sufficient information to prove its reliability
• informants reliability and whether they have given reliable information in the past
• whether the information has been confirmed by other means