PRODUCTION ORDERS Flashcards
What section is a Production order made under and what is it
Are made under Section 74, requiring a person or an organisation to produce evidential document documents to an enforcement agency relating to a specified offence
Who can approve a Production Order
must be approved by a district approver (A Rank of a Sergeant or above)
District approver must take the following into account and be satisfied with?
- The grounds for a production order are met
- The application would benefit or assist in the Police investigation
- The information sought does not make unreasonable or unnecessary demands on the telecommunications
Who can approve a PO for media
Needs approval from Police Executive member from PHNQ or District Commander for district matters
Grounds for applying for a Production Order
You have RGTS an offence has, is or about to be committed and have RGTB documents proposed for the proposed order:
Constitute evidential material relating to the offence.
Are in possession or under the control of a person who the order is sought or will come into their possession or under there control
If an oral application is granted
- The issuing officer must record the ground for the application ASAP
- Must complete the application form within 24hrs or ASAP
What is the duration of a Production Order?
A production Order is in force period not exceeding 30 days after the date it was approved.
How to apply for a Production Order
In writing along with personal appearances or communication orally with the Issuing Officer unless it is impracticable you may apply by:
Orally over phone or personal appearance
Have your application without a personal appearance or oral communication
Issuing officer must be satisfied with the oral application
A written application would delay and compromise the search
The question of whether should be issued can be determine by the basis of the oral communication
All required information is supplied to them
