Production Orders

Question 1

What is a Production Order

Answer 1

Order made under section 74 requiring a person or organisation to produce documents to enforcement agencies as evidential material of a specified offence

Question 2

Duration of a Production Order

Answer 2

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

Question 3

Who may apply for a Production Order

Answer 3

Any enforcement officer - Section 71(1)

Question 4

Production Order media organisation - authority

Answer 4

Must obtain approval from a Police Executive member in the case of PNHQ or a District Commander for a District matter

Question 5

Grounds for applying for a Production Order

Answer 5

RGTS an offence has been, is being, will be committed

RGTB the documents sought will constitute evidential material in respect of the offence AND
are in the possession or under control of the person/organisation against whom the order is sought (or will come into their possession)

Section 72

Question 6

How to Apply

Answer 6

Written application to issuing officer unless it is impracticable to do so in the circumstances, you may:

• make an application orally
• have you application considered without a personal appearance or oral communication

Question 7

Oral Application for a Production Order - what must be satisfied to do this

Answer 7

Requiring a written application would result in delay that would compromise the effectiveness of the search

the question whether the order should be issued can be properly determined by oral communication or personal appearance

All required information is supplied to them (Orally or partially oral and partially written)

Question 8

Oral Application - if it is allowed

Answer 8

the issuing officer must record the grounds for the application as soon as possible

The applicant must complete the application form capturing the information conveyed to the issuing officer as soon as practicable and in any event within 24 hrs