Why can production orders under PACE 1984 be made ex parte?

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Published on: 02 May 2018

We have assumed that this Q&A relates section 82 of the Deregulation Act 2015 (DA 2015) which allowed the Criminal Procedure Rules Committee (CPRC) to include in the Criminal Procedure Rules 2015 (CrimPR 2015), SI 2015/1490 Rules relating to Police and Criminal Evidence Act 1984 (PACE 1984) investigation orders. See: explanatory notes to the DA 2015, s 82.

Production orders

Pursuant to PACE 1984, s 9 and PACE 1984, schedule 1, a constable may obtain access to excluded material or special procedure material for the purposes of a criminal investigation by making an application. PACE 1984, Sch 1 contains the grounds upon which a judge can grant a production order. A production order requires the person who appears to the judge to be in Possession of the material to which the application relates to produce it to a constable for him to take away; or give a constable access to it.

Subsequent to the coming into force of DA 2015, s 82 the CrimPR 2016, SI 2016/120 amended the (at the time)

Jurisdiction(s):

United Kingdom

Key definition:

Criminal Procedure Rules definition

What does Criminal Procedure Rules mean?

The body of rules created by the Criminal Procedure Rule Committee under section 69 of the Courts Act 2003, governing practice and procedure to be followed in all criminal matters in England and Wales including appeals in the Court of Appeal (Criminal Division) and High Court extradition appeals.

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