Extradition Act 2003

157 Production orders E+W+N.I.

(1) A judge may, on an application made to him by a constable, make a production order if he is satisfied that the requirements for the making of a production order are fulfilled.

(2) The application for a production order must state that—

(a) the extradition of a person specified in the application is sought under Part 1 or Part 2;

(b) the order is sought in relation to premises specified in the application;

(c) the order is sought in relation to material, or material of a description, specified in the application;

(d) the material is special procedure material or excluded material;

(e) a person specified in the application appears to be in possession or control of the material.

(3) If the application states that the extradition of the person is sought under Part 1, the application must also state that the person is accused in a category 1 territory specified in the application of the commission of an offence—

(a) which is specified in the application, and

(b) which is an extradition offence within the meaning given by section 64.

(4) If the application states that the extradition of the person is sought under Part 2, the application must also state that the person is accused in a category 2 territory specified in the application of the commission of an offence—

(a) which is specified in the application, and

(b) which is an extradition offence within the meaning given by section 137.

(5) A production order is an order either—

(a) requiring the person the application for the order specifies as appearing to be in possession or control of special procedure material or excluded material to produce it to a constable (within the period stated in the order) for him to take away, or

(b) requiring that person to give a constable access to the special procedure material or excluded material within the period stated in the order.

(6) The period stated in a production order must be a period of 7 days starting with the day on which the order is made, unless it appears to the judge by whom the order is made that a longer period would be appropriate.

(7) Production orders have effect as if they were orders of the court.

(8) In this section “judge”—

(a) in England and Wales, means a circuit judge;

(b) in Northern Ireland, means a Crown Court judge.

[F1 (9) Criminal Procedure Rules may make provision about applications under this section to a circuit judge.]

Textual Amendments

F1 S. 157(9) inserted (E.W.) (6.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 174(3), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2454, art. 4

Commencement Information

I1 Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))