Production Orders Flashcards
What is a production Order?
Production Orders are orders made under section 74 of the SSA requiring a person or orgnisation(such as a business) to produce documents to enforcement agencies as evidential material of a specified offence.
What is the duration of a Production Order?
a PO is in force for the period specified in the order( not exceeding 30 days after the date on which the order is made). (S76)
Who may apply for a PO?
Any enforcement officer may apply to an issuing officer for a production order. (S71(1))
Approval
You must seek prior approval from your district approver before making an application directed to a telecommunications provider seeking information such as call associated data or content.
What factors should be considerd before approval is sought?
The grounds for applying for a PO are met, and
The resource benefit of making the application is advantageous to Police and the investigation (i.e. the use of a production order is an effective investigative tool and the offence(s) under investigation are sufficiently serious to justify the resource), and
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 (i.e. documents and call associated data coning into the control of the person etc who the order is against while the order is in force).
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 DC for a district matter, and
Follow the guidance on SW’s, PO’s and examination orders involving media organisations in the Search chapter in the Police Manual.
What RG are required to apply for a production order?
You may apply for a PO if you have RGT:
Suspect that an offence has been, is been or will be committed (It must be an offence for which you could apply for a search warrant), and
Believe that the documents sought by the proposed order:
-Constitute EM in respect of the offence, and
-Are in the possession or under the control of the person against whom the order is sought, or will cone into their possession, or under their control while the order is in force. (S72)
How must you apply for a PO?
You must apply for a PO in writing along with a personal appearance before, or communicating orally with, the IO unless it is impracticable to do so in the circumstances.
In this situation you may apply to:
Make an application orally e.g. by telephone or personal appearance, or
Have your application considered without a personal appearance or oral communication
When can an IO allow an application for a PO to be made orally?
If the IO is satisfied:
Requiring a written application would result in a delay that would compromise the effectiveness of the search, and
The question of whether the order should be issued can be properly determined on the basis of an oral communication or personal appearance, and
All required information is supplied to them (orally, or partly orally and partly in writing)(S100(3))
If an oral application is allowed:
The IO must record the grounds for the application ASAP, and
The applicant must complete the application form capturing the information conveyed to the IO ASAP and in any event within 24 hours, and
The order.
Hearsay evidence may be used to outline that upon which the application is made, if it is what?
Highly reliable.
Indicate the reliability of hearsay evidence by stating:
Sufficient information to prove the reliability of what has been stated, and
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.”, and
Whether the information has been confirmed by other means.
