Production Orders Flashcards
What is a Production Order?
An order made under Section 74 of the Search and Surveillance Act 2012 requiring a person or organisation to produce documents to enforcement agencies as evidential material of a specified offence
Production order vs Search Warrant benefit
POs are very often less intrusive and involve less cost than using a Search Warrant
Duration of a Production Order
For the period specified in the order, not exceeding 30 days
Who may apply for a Production Order and Section
Section 71(1)
Any enforcement officer may apply to an issuing officer
What matters will the district approval consider before granting a Production Order?
- The grounds for applying for PO 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
Who to obtain approval from if your Production Order relates to a news media organisation?
Police Executive member in the case of PNHQ or District Commander
What grounds must be met to apply for a Production Order?
RGTS offence has, is or is about to be committed
RGTB documents sought constitute EM and are in possession or under the control of the person
In what circumstances can you apply for a Production Order Orally?
- Requiring a written application would result in a delay that would compromise the effectiveness of the search
- The question of whether the order should be issued can be properly determined using oral communication
- All required information is supplied to them
If using hearsay evidence in a Production Order you must indicates its reliability by stating…..
- Sufficient information to prove the reliability of the statement
- The informants reliability and whether they have given reliable evidence in the past
- Whether the information has been confirmed by other means
