Schedule 5: Investigation of Proceeds of Icc Crime Part 1: Production or access orders
144.Part 1 sets out the provisions which govern the making of court orders or warrants for the production of, or access to, material. It is substantially based on the powers which already exist under section 93H of the Criminal Justice Act 1988. That section allows a constable, for the purposes of an investigation into whether any person has benefited from any criminal conduct or into the extent or whereabouts of the proceeds of such conduct, to apply to a Circuit judge for an order for the production of, or access to, particular material or material of a particular description.
145.Paragraph 3 provides that a standard production or access order will require a named individual to either produce specified material or material of a specified description to a constable (production order) or give the constable access to this material (access order). The material should be produced within a specified period (normally seven days, although this can be shortened or lengthened by the judge if this is deemed appropriate in the circumstances). Paragraph 4 provides that a special production or access order may be made in relation to a person who the judge thinks is likely to have material to which the application relates in his possession within 28 days of the making of the order. Such an order will require a named individual to notify a constable when that material comes into his possession. This provision allows for information that will come either into a person’s possession or into existence in the future to be obtained quickly. It is substantially based on Schedule 5 of the Terrorism Act 2000.
146.Part 1 goes on to detail procedural provisions and the effect of the order, in particular how the order relates to existing legislation, specifically the Police and Criminal Evidence Act 1984 and the Police and Criminal Evidence (Northern Ireland) Order 1989.