Production Orders

Question 1

What is a PO

Answer 1

Made under S.74 of the SASA 2012, requiring a person or organisation to produce documents to enforcement agencies as EM of a specific offence

Question 2

PO vs SW

Answer 2

Compliance costs are issued with a PO, offset by being less intrusive vs SW being physical entry and searches

Very often PO powers will be less intrusive and less cost than using a SW as an alternative

Question 3

Duration of a PO

Answer 3

Not exceeding 30 days after the date on which the order is made

Question 4

Who may apply for a PO

Answer 4

Any enforcement officer can apply to IO for a PO

Question 5

Grounds for applying for a PO

Answer 5

• RGTS an offence has been, is being or will be committed (must be an offence which you could apply for a SW)
• RGTB documents sought contain EM in respect of the offence, and
• Are in possession or under control/will come into possession or control of the person against whom the order is sought

Question 6

How to apply for a PO

Answer 6

You must apply for a PO in writing along with a personal appearance before, or communication orally with, the IO unless it is impracticable to do so in the circumstances

In this situation you may apply to:
- make an application orally (telephone or personal appearance) OR
- have your application considered without personal appearance or oral communication (by email)

Question 7

Approval to apply (telecommunications provider)

Answer 7

You must seek prior approval from your district approver before making an application directed to a telecommunications provider seeking information such as call associated data or content

Question 8

Matters to consider (telecommunications provider)

Answer 8

• 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 on the telecommunications provider/whom the order is sought

Question 9

Approval to apply for PO for media organisation

Answer 9

• must 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 SW, PO and examination orders involving media organisations