101Production orders

101 Production orders

S. 101(1) amended by Nos 79/2014 s. 33(1), 6/2018 s. 68(Sch. 2 item 26.9).

(1) A court may, on an application under section 100(2) or 100A(1), if it considers that, having regard to the matters contained in the affidavit of the applicant and to any other sworn or affirmed evidence before it, there are reasonable grounds for doing so, make a production order against the person and, if it is in the public interest to do so, an order under subsection (6).

(2) A production order may require the person against whom it is made—

S. 101(2)(a) amended by Nos 37/2014 s. 10(Sch. item 25.17), 44/2022 s. 31, 26/2024 s. 39.

(a) to produce to an investigative officer at a specified time and place; or

S. 101(2)(b) amended by Nos 37/2014 s. 10(Sch. item 25.17), 44/2022 s. 31, 26/2024 s. 39.

(b) to make available to an investigative officer for inspection at a specified time or times—

any property-tracking documents that are in the person's possession or control.

S. 101(3) amended by Nos 79/2014 s. 33(2), 6/2018 s. 68(Sch. 2 item 26.9).

(3) In the case of an application under section 100(2), if the applicant's affidavit—

(a) states that he or she believes that—

(i) the person who was convicted of or is believed to have committed the offence derived a benefit in relation to the offence, having regard to section 67 or 68 (as the case may be); and

(ii) property specified in the application—

the court may if it considers that, having regard to the matters contained in that affidavit and to any other sworn or affirmed evidence before it, there are reasonable grounds for doing so, treat any document relevant to identifying, locating or quantifying that property as a property-tracking document in relation to the offence.

S. 101(3AA) inserted by No. 44/2022 s. 43.

(3AA) In the case of an application under subsection 100(2), if the applicant's affidavit—

(a) states that the applicant believes that—

(i) property specified in the application—

(ii) the person against whom the order is sought has possession or control of one or more property-tracking documents relevant to any of the following—

(A) the enforcement of a pecuniary penalty order against the person;

(B) the enforcement of a compensation order or restitution order under Part 4 of the Sentencing Act 1991 against the person; and

the court may if it considers that, having regard to the matters contained in that affidavit and to any other sworn or affirmed evidence before it, there are reasonable grounds for doing so, treat any document relevant to identifying, locating or quantifying that property as a property‑tracking document in relation to the matters specified in paragraph (a)(ii).