Production Orders Flashcards
1
Q
s74
A
Is the section production orders are made under
2
Q
s76
A
Specifies time a production order will be in force.
Production order is in force for time specified in the order. But This does not exceed 30 days after the order is made.
3
Q
If production order relates to news media outlet you must:
A
- obtain approval from police executive member in case of PNHQ or district commander level for district matter
4
Q
You may apply for a production order if you have reasonable grounds to:
A
- suspect an offence has been, is being or will be committed (imprisionable offence)
- believe that the documents sought constitute EM in respect of the offence and are in possession or control of the person whom the order is sought
5
Q
An oral application for a production order can be made as long it is satisfied that:
A
- a written application would delay and compromise the search
- oral application can properly determine basis of PO
- all required information is supplied to them
If allowed issuing officer must:
- record grounds for application
- complete application capturing all that has been conveyed and within 24hrs of event
6
Q
Using hersay evidence in PO:
A
- can be used if it is highly reliable
- reliability can be proved
- informants reliability and if they have given reliable information in the past
- whether the information has been confirmed by other means
7
Q
Damages during searches:
A
- where execution or search warrant IS justified by the outcome of its execution and resulting loss of damage is suffered by subject of search, compensation will rarely be paid
8
Q
Unreasonable searches or unjustified damage:
A
- method of entry and search conducted must be reasonable in the circumstances
- in cases where unjustified damage is done in regards to search, compensation may be available in respect of claim
9
Q
Mistake when search powers are executed:
A
- compensation is likely available
