Production Orders

Question 1

Who may apply for a production order?

Answer 1

Any enforcement officer may apply to an issuing officer for a production order. SS12 s71(1)

Question 2

Whose approval do you need prior to making a production order for a telecommunication provider?

Answer 2

A District Approver

Question 3

What must a district approver be satisfied on prior to approval a production order application?

Answer 3

• The grounds for applying for a production order are met
• the resource benefit of making an application is advantageous to police and the investigation
• the information sought does not make unreasonable or unnecessary demands on the telecommunications provider whom the order is against

Question 4

Who can approve a production order for a media organisation?

Answer 4

• A police executive member in the case of PNHQ Or
• a district commander for a district matter

Question 5

Who should approve a production order?

Answer 5

A constable at sergeant level or above where practicable

Question 6

When can hearsay evidence be used in a production order application?

Answer 6

• To outline the grounds on which the application is made, if it is highly reliable

Outline its reliability by
- providing sufficient information to prove its reliability
- the informants reliability and whether they have given reliable information in the past
- whether the information has been confirmed by other means.