Content of application for a production etc. order
47.7. As well as complying with rule 47.6, an applicant who wants the court to make an order for the production of, or access to, material, or for a statement of its location, must—
(a)describe that material;
(b)explain why the applicant thinks the material is—
(i)in the respondent’s possession, custody or power, or
(ii)likely to be so within 28 days of the order;
(c)explain how the material constitutes or contains excluded material or special procedure material;
(d)confirm that none of the material is expected to be subject to legal privilege;
(e)explain why the material is likely to be of substantial value to the investigation;
(f)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, or is expected to have it; and
(g)propose—
(i)the terms of the order, and
(ii)the period within which it should take effect.
[Note. See paragraphs 5 to 9 of Schedule 5 to the Terrorism Act 2000. The applicant for a production, etc. order must be a constable.
Under paragraph 4 of Schedule 5 to the 2000 Act, ‘legal privilege’, ‘excluded material’ and ‘special procedure material’ mean the same as under sections 10, 11 and 14 of the Police and Criminal Evidence Act 1984.
The period within which an order takes effect must be specified in the order and, unless the court otherwise directs, must be—
(a)where the respondent already has the material, 7 days from the date of the order; or
(b)where the respondent is likely to have the material within 28 days, 7 days from the date the respondent notifies the applicant of its receipt.]