Production Orders

Question 1

What is a production order?

Answer 1

Production orders are orders made under section 74 of the Search and Surveillance Act 2012 requiring a person or organisation (such as a business) to produce documents to enforcement agencies as evidential material of a specified offence.

Production orders are issued by issuing officers. (These are the same people as for search warrants).

Question 2

When you use a Production order versus a Search Warrant?

Answer 2

You have the choice whether a standard 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 search warrants as an alternative.

Question 3

How long is a production order in force?

Answer 3

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). (Section 76).

Question 4

Who may apply for a Production Order?

Answer 4

Any enforcement officer may apply to an issuing officer for a production order. (Section 71(1).

Question 5

Who gives approval for a Production order on a media organisation?

Answer 5

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 on ‘Search warrants, production orders and examination orders involving media organisations in the Search chapter in the Police Manual.

Question 6

What are the Grounds for applying for a Production Order

Answer 6

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 (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 evidential material 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 come into their possession, or under their control while the order is in force. (Section 72).

Question 7

How do you apply for a Production Order?

Answer 7

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 an application orally e.g. by telephone or personal appearance, or
• have your application considered without a personal appearance or oral communication

All applications for production orders must be made using prescribed forms available in Police Forms > Search and Surveillance > Production Orders

Question 8

Can you use hearsay evidence in a Production Order?

Answer 8

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 informant’s 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.