Crime (Overseas Production Orders) Act 2019

8 Inclusion of non-disclosure requirement in order

(1) A judge making an overseas production order may include a non-disclosure requirement in the order.

(2) A non-disclosure requirement is a requirement imposed on the person against whom the order is made not to disclose the making of the order or its contents to any person except—

(a) with the leave of a judge, or

(b) with the written permission of the appropriate officer who applied for the order or an equivalent appropriate officer.

(3) An overseas production order that includes a non-disclosure requirement must specify or describe when the requirement is to expire.

(4) A judge revoking an overseas production order that includes an unexpired non-disclosure requirement may order that the person against whom the overseas production order was made is to remain subject to the non-disclosure requirement.

(5) An order under subsection (4) may specify or describe a different time when the non-disclosure requirement is to expire than that specified or described in the overseas production order that is being revoked.

(6) For the purpose of subsection (2)(b), an appropriate officer is an equivalent appropriate officer in relation to an overseas production order if—

(a) the appropriate officer falls within the same sub-paragraph of section 2(1)(a) or (b) as the appropriate officer who applied for the order, and

(b) where that sub-paragraph is sub-paragraph (vii) of section 2(1)(a) or sub-paragraph (v) of section 2(1)(b), the appropriate officer is of the same description as the appropriate officer who applied for the order.