Production Orders Flashcards
What is a production order (pg 37)
Production orders are orders under S 74 S and SA12 requiring a person or organisation (such as a business) to produce documents to enforcement agencies as evidential material of a specified offence
Production order vs search warrant (pg 38)
You have a choice whether a search warrant or production order should be sought for use in any given case. While compliance costs are incurred by a business issued with a production order, these costs are offset against the avoidance of the disruption that would otherwise occur by physical entry and search of the premises under a search warrant. Very often production order powers will be less intrusive and involve less cost, than using a search warrant as an alternative.
Duration of a production order (pg 38)
A production order is in force for the period specified in the order (not exceeding 30 days after the date on which the order is made)
Who may apply for a production order (pg 39)
Any enforcement officer may apply to an issuing officer for a production order
Approval to apply (pg 39)
You must seek prior approval from your district approver
Matters to consider before granting approval (pg 39)
Before granting approval to apply for production orders, the district approver must take these matters into account and be satisfied:
- The grounds for applying for a production order are met
- THe resource benefit of making an application is advantageous to Police and the investigation (i.e. the use of a production order is an effective investigative tool and the offences under investigation are sufficiently serious to justify the resource)
- The information sought does not make unreasonable or unnecessary demands on the telecommunications provider, whom the order is against, particularly if those documents sought are forward looking
Approval to apply for production order for media organisations (pg 39)
If your application relates to a news media organisation, you 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 of ‘search warrants, production orders and examination orders involving media organizations if the Search chapter in the Police manual
Approval to apply for a production order (pg 39)
Sergeant or above if practicable
Grounds for applying for a production order (pg 40)
You may apply for a production order if you have reasonable grounds to
- Suspect that an offence has been, is being or will be committed
- Believe that the documents sought by the proposed order:
- Constitute evidential material in respect of the offence
- 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
How to apply (pg 40)
You must apply for a production order in writing along with a personal appearance before, or communication orally with the issuing officer unless it is impracticable to do so in the circumstances.
In this situation you may apply to:
- Make the application orally
- Have your application considered without a personal appearance or oral communication
Oral application for a production order (pg 40)
An issuing officer may allow an application for a production order to be made orally (e.g. by telephone or by personal appearance) and excuse the applicant from putting all or part of the application in writing if satisfied that:
- 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 on the basis of an oral communication or personal appearance
- all required information is supplied to them
Oral application for a production order (pg 40)
If an oral application is allowed:
- the issuing officer must record the grounds for the application as soon as practicable
- The applicant must complete the application from capturing the information conveyed to the issuing officer as soon as practicable and in any event within 24 hours and the order
Using hearsay evidence (pg 41)
I.e. CHIS
Hearsay evidence can be used to outline the grounds on which the application is made, if it is highly reliable. Indicate its reliability by stating:
- Sufficient information to prove the reliability of what has been stated
- The informants reliability and whether they have given reliable information in the past. An appropriate way to say this is: “In the past, Informant A has supplied Police with information that has proved to be reliable.”
- Whether the information has been confirmed by other means
