Part 4

Police powers

Warrants and orders

Production orders
157
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.