Article 7 Requirements for making of production orderI1

England, Wales and Northern Ireland

(1)

These are the requirements for the making of a production order.

(2)

There must be reasonable grounds for suspecting that the application relates to an external investigation.

(3)

There must be reasonable grounds for believing that—

(a)

the person the application specifies as appearing to be in possession or control of the material so specified is in possession or control of it,

(b)

the material is likely to be of substantial value (whether or not by itself) to the external investigation, and

(c)

it is in the public interest for the material to be produced or for access to it to be given, having regard to—

(i)

the benefit likely to accrue to the external investigation if the material is obtained;

(ii)

the circumstances under which the person the application specifies as appearing to be in possession or control of the material holds it.

Annotations