Section 157: Production orders
446.This section outlines the procedure for applying for a production order in an extradition case.
447.Subsection (1) gives a judge (see subsection (8)) the power to make such an order, on the application of a police constable, if he is satisfied that the necessary conditions are met. These conditions are described below.
448.Under subsection (2) the application is required to state that the production order is sought in connection with the extradition of a person under this Act. It must also specify the premises and the material for which the order is sought. It must state that this is special procedure material or excluded material. It must also state that the person specified in the application appears to have control of the material in question. In addition, the application must state that the person is accused of a specified extradition offence in a specified category 1 or category 2 territory (subsections (3) and (4)).
449.Subsections (5) and (6) define a production order as an order requiring the person named in the application to hand over the material for a police constable to take away, or requiring him to allow the constable access to the material, within a specified period. This is required to be 7 days unless the judge making the order considers that a longer period is appropriate.
450.Subsection (7) provides that production orders have effect as court orders. Subsection (8) explains that, for the purposes of this section, "judge" refers to a circuit judge in England and Wales and a Crown Court judge in Northern Ireland.
