Content of application for a production order
This section has no associated Explanatory Memorandum
6.15. As well as complying with rule 6.14, an applicant who wants the court to make an order for the production of, or access to, material, must—
(a)describe that material;
(b)explain why the applicant thinks the material is in the respondent’s possession or control;
(c)confirm that none of the material is—
(i)expected to be subject to legal privilege, or
(ii)excluded material;
(d)explain why the material is likely to be of substantial value to the investigation;
(e)explain why it is in the public interest for the material to be produced, or for the applicant to be given access to it, having regard to—
(i)the benefit likely to accrue to the investigation if it is obtained, and
(ii)the circumstances in which the respondent has the material; and
(f)propose—
(i)the terms of the order, and
(ii)the period within which it should take effect, if 7 days from the date of the order would not be appropriate.
[Note. See sections 345 to 350 of the Proceeds of Crime Act 2002(). Under those provisions—
(a)‘excluded material’ means the same as under section 11 of the Police and Criminal Evidence Act 1984; and
(b)‘legal privilege’ is defined by section 348 of the 2002 Act.
The applicant for a production order must be an ‘appropriate officer’ as defined by section 378(1), (4) and (5) of the 2002 Act().]