Section 158: Requirements for making of production order
451.This section specifies the conditions to be met for a production order to be made.
452.For a production order to be made there must be reasonable grounds to believe (subsection (2)) that:
the offence in question has been committed by the person named;
that person is in or on his way to the United Kingdom;
the offence in question is an extradition offence, in accordance with the definition given in section 64 (for Part 1) or section 137 (for Part 2);
there is material which is special procedure material or excluded material on the premises involved; and
the material could be used as evidence in a trial in the United Kingdom for the specified offence in question.
453.In addition, it must appear to the judge (subsection (4)) that:
other ways of obtaining the material have already failed; or
other ways of obtaining the material have not been tried because they would have failed.
454.Finally, (subsection (5)) it must be in the public interest for the material to be produced or for access to it to be given.
