Production orders Flashcards
what is a production order?
Order made under section 74 requiring a person or organisation to produce documents to enforcement agencies as evidential material of a specified offence
What is the duration of a PO?
In force for the period specified in the order (not exceeding 30 days) after the date which the order is made)
Section 76
Who can apply for a production order?
Any enforcement officer - Section 71(1)
From whom must you get approval if application of PO relates to a media organisation?
approval from a Police Executive member in the case of PNHQ or a District Commander for a District matter
What grounds must you have to apply for PO?
RGTS an offence has been, is being, will be committed
RGTB the documents sought will constitute evidential material of the offence AND
are in the possession or control of whom the order is sought (or will come into their possession)
Section 72
How do you apply for a PO?
By written application along with personal appearance or communication with issuing officer unless,
it is impracticable to do so in the circumstances, you may:
- make an application orally
- have application considered without a personal appearance or oral communication
When may an issuing officer allow for an application for PO to be made orally?
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)
What must be done after PO application is made orally?
the issuing officer must record the grounds for the application as soon as possible
The applicant must complete the application form with information conveyed to the issuing officer as soon as practicable and in any event within 24 hrs
What hearsay evidence can be used in a PO, and what needs to be stated to indicate the reliability?
Only highly reliable hearsay evidence can be used. Reliability can be indicated by:
- Information proving reliability
- If they have given reliable info in the past
- If the info has been confirmed by other means (corroborating information)
