Search and Surveillance Act 2012

If you need more information about this Act, please contact the administering agency: Ministry of Justice
71 Enforcement officer may apply for production order

(1)

An enforcement officer who may apply for a search warrant to obtain documents may apply to an issuing officer for a production order against a person in respect of those documents if the enforcement officer is satisfied that the conditions, specified in section 72, for making the order against the person are met.

(2)

An application under this section must be in writing and must set out the following particulars:

(a)

the name of the applicant:

(b)

the provision authorising the making of an application for a search warrant in respect of the suspected offence:

(c)

a description of the offence that it is suspected has been committed, is being committed, or will be committed:

(d)

the facts relied on to show reasonable grounds to suspect that an offence has been committed, or is being committed, or will be committed:

(e)

a description of the documents for which production is sought:

(f)

the facts relied on to show reasonable grounds to believe the documents sought are in the possession or under the control of the person against whom the order is sought:

(g)

whether the person against whom the order is made should be required to produce,—

(i)

on 1 occasion only, those documents for which production is sought that are in his or her possession or under his or her control when the order is made; or

(ii)

on an ongoing basis, those documents for which production is sought that are in his or her possession or under his or her control at the time the order is made, and those documents for which production is sought and that come into his or her possession or come under his or her control at any time while the order is in force.