Production Orders

Question 1

What is a production order

Answer 1

Orders made under s74 of the Search and Surveillance Act 2012 required a person or organisation to produce documents to enforcement agencies as evidential material of a specified offence.

Question 2

Production order v search warrant

Answer 2

• Production order costs the business
• The cost is offset against the avoidance of the disruption that would otherwise occur by physical entry and search of a premise under a SW
• Production orders usually less intrusive

Question 3

Duration of a production order

Answer 3

Section 76 - in force for the period specified in the order (not exceeding 30 days after the date which the order is made).

Question 4

Considerations before granting approval

Answer 4

• The grounds for applying for a production order are met
• The recourse benefit of making an application is advantageous to Police and the investigation
• The information sought does not make unreasonable or unnecessary demands on the telecommunications provider whom the order is sought against, particularly if those documents sought are forward looking (documents and call associated data coming into the control of the person whom the order is against while the order is in force)

Question 5

Grounds for a production order

Answer 5

• RGTS that an offence has been, is being or will be committed and
• RGTB 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 (s72)

Question 6

Oral application for a production order

Answer 6

• requiring a written application would result in delay that would compromise the effectiveness of the search and
• the question of hwether 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 (s100)

Question 7

Hearsay evidence

Answer 7

Indicate its reliability by stating:
- sufficient information to prove the reliability of what has been stated
- the informant’s reliability and whether they have been given reliable information in the past
- whether the information has been confirmed by other means