Production Orders and Search Warrants
| DOI | https://doi.org/10.1108/eb025831 |
| Published date | 01 April 1997 |
| Date | 01 April 1997 |
| Pages | 174-182 |
| Author | Alan Lambert |
| Subject Matter | Accounting & finance |
Journal of Financial Crime — Vol. 5 No. 2 — Legislation
Production Orders and Search Warrants
Alan Lambert
This comparison has been prepared in an effort to
assist practitioners when confronted with the main
production order or search warrant provisions of
legislation as they apply to crime and also to drug
trafficking.
This comparison should not be seen as a com-
plete listing of either Act. It is intended merely to
serve as an accurate representation of how ss.
93H-93J of the CJA88 currently read, with equiv-
alent sections or subsections of the Drug Traffick-
ing Act 1994 (DTA94) shown alongside, where
possible. In making this comparison, some sections
do not appear in sequence.
CRIME
(As
amended
by the Criminal
The
DRUGS
Drug Trafficking Act 1994
S. 93H(1)
A constable may, 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 any criminal conduct, apply to a
Circuit Judge for an order under subsection (2)
below in relation to particular material or material of
a particular description.
S. 93H(2)
If, on such an application, the judge is satisfied that
the conditions in subsection (4) below are fulfilled,
he may make an order that the person who appears
to him to be in possession of the material to which
the application relates shall —
(a) produce it to a constable for him to take away, or
(b) give a constable access to it,
within such period as the order may specify.
This subsection has effect subject to s. 93J(11) below.
S. 93H(3)
The period to be specified in an order under sub-
section (2) above shall be 7 DAYS unless it appears to
the judge that a longer or shorter period would be
appropriate in the particular circumstances of the
application.
S. 55(1)
A constable may, for the purposes of an investigation
into drug trafficking, apply to a Circuit Judge for an
order under subsection (2) below in relation to par-
ticular material or material of
a
particular description.
S. 55(2)
If, on such an application, the judge is satisfied that
the conditions in subsection (4) below are fulfilled,
he may make an order that the person who appears
to him to be in possession of the material to which
the application relates shall —
(a) produce it to a constable for him to take away, or
(b) give a constable access to it,
within such period as the order may specify.
This subsection has the effect subject to s. 59(11) of
this Act.
S. 55(3)
The period to be specified in an order under sub-
section (2) above shall be 7 DAYS unless it appears to
the judge that a longer or shorter period would be
appropriate in the particular circumstances of the
application.
Page 174
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