Production Orders

Question 1

What is a Production Order?

Answer 1

Orders made under section 74 SSAct requiring a person or organization to produce documents to enforcement agencies as evidential material of a specified offence.

Question 2

What matters need to be considered before an approver can grant you approval for a P.O?

Answer 2

• The grounds for a PO are met.
• The resource benefit of making an application is an advantage to Police and the investigation.
• The information sought doesn’t make unreasonable or unnecessary demands on the telecommunications provider, whom the order is against, particularly if the documents are forward facing.

Question 3

If a PO is sought relating to a news media organization, you must?

Answer 3

Obtain approval from a Police Executive member in the case of PNHQ or district commander, and follow guidelines in the Police Manual.

Question 4

You may apply for a PO if you have reasonable grounds to?

Answer 4

• Suspect that an offence has been, is being, or will be committed (must be an offence for which you could apply for a SW), and
• Believe that the documents sought by the order will constitute evidential material in respect of the offence, and are in the possession or under control of the person against whom the order is sought, or will come into their possession or under their control while order is in force.

Question 5

Can you apply for an oral PO?

Answer 5

Yes, must meet same conditions as oral SW.

Question 6

An Issuing Officer may allow an application for a PO to be made orally, if satisfied that?

Answer 6

• Requiring a written application would result in a delay that would compromise the effectiveness of the search, and
• The question on whether the order should be issued can be properly determined on the basis of an oral communication, and
• All required information is supplied to them (s100(3))

Question 7

If an oral application is allowed, then…?

Answer 7

• The Issuing Officer must record the grounds for the application ASAP
• The applicant must complete the application form capturing the information conveyed to the issuing officer ASAP, and within 24hrs.

Question 8

Using hearsay evidence in a PO application, if it’s highly reliable, indicate this by stating?

Answer 8

• Sufficient information to prove the reliability of what has been stated,
• The informants reliability and whether they have given reliable information in the past,
• Whether the info has been confirmed by other means.