Production Order Application Notes - Criminal Procedure Rules (CrimPR) and Proceeds of Crime Act 2002 (POCA)

Sep 1, 2026

Guidance for applicants on using the production order application form under rule 47.18 of the Criminal Procedure Rules (CrimPR) and section 345 of the Proceeds of Crime Act 2002 (POCA), or article 6 of the POCA (External Investigations) Order 2014 (EIO). Explains eligibility, when courts can order production of material for confiscation, money laundering, detained cash, detained property, frozen funds, or cryptoasset investigations, and the factors supporting reasonable grounds and public interest. Covers excluded material, draft court orders, delivery, and practical steps for completing and submitting the form, including urgent filings and secure electronic delivery.

LanguageEnglish

CategoryLetters

FormatDOCX

Pages12

Reading Time4 min

AccessFree to download

When to use this form

How to use this form

Notes for guidance for applicants Contents of these notes Page When to use this form 7 How to use this form 8 Applicant’s contact details 8 Status of the applicant 8 Giving notice of the application 9 Deciding the application with or without a hearing 9 Time estimates and live links 10 The investigation 10 The material sought 10 The respondent(s) 10 Excluded material 10 The draft court order 11 Delivering the court order to the applicant 11 When to use this form This form is for an application for a production order under rule 47.18 of the Criminal Procedure Rules (CrimPR) and section 345 of the Proceeds of Crime Act 2002 (POCA) or article 6 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014 (the EIO). You can also use this form for an application for an order to grant entry under CrimPR 47.19 and POCA s.347 or EIO art.8. If the details in each case are substantially the same (e.g. the same investigation and the same suspect), one form can be used to make applications against more than one respondent (i.e. the person, company, etc. who holds the material). There are different forms for applications for production orders under other Acts, for applications for other orders under POCA, and for applications for search warrants. Under POCA s.345 a judge can order that material must be produced to an officer who is carrying out a confiscation investigation, a money laundering investigation, a detained cash investigation, a detained property investigation, a frozen funds investigation or a cryptoasset investigation if the requirements in POCA s.346 are met, namely— (a) the court must be satisfied that there are reasonable grounds for suspecting that— (i) in the case of a confiscation investigation, the person subject to the investigation has benefited from that person’s criminal conduct; (ii) in the case of a money laundering investigation, the person subject to the investigation has committed a money laundering offence; or (iii) in the case of a detained cash investigation, a detained property investigation, a frozen funds investigation or a cryptoasset investigation the property involved was obtained through unlawful conduct, or is intended to be used in unlawful conduct. (b) the court must be satisfied that there are reasonable grounds for believing that— (i) the person the application specifies as appearing to be in possession or control of the material so specified is in possession or control of it; (ii) the material is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the order is sought; and (iii) it is in the public interest for the material to be produced or for access to it to be given, having regard to— the benefit likely to accrue to the investigation if the material is obtained, and the circumstances under which the person the application specifies as appearing to be in possession or control of the material holds it. Under EIO art.6 a judge can order that material must be produced to an officer who is assisting an external investigation within the scope of that Order. Under POCA s.348, a production order does not require a respondent to produce or give access to material which the respondent would be entitled to refuse to produce on grounds of legal professional privilege in proceedings in the High Court, or material which is ‘excluded material’. The definition of excluded material is at page 10, beneath. Health, social services and education records held in confidence are likely to be excluded material. Documents or other records held for the purposes of journalism will be excluded material if they have been held in confidence ever since they were created or acquired for journalistic purposes, e.g. notes of a confidential interview. Other business and banking records and other journalistic material held in confidence are likely to be materials that a judge can order to be produced. You will need to decide whether it is more appropriate to appl

FAQs

When can this production order application form be used?

It is used for applications for a production order under CrimPR rule 47.18 and POCA 2002 s.345 (or EIO article 6). It can also be used to apply for an order to grant entry under CrimPR 47.19 and related POCA/EIO provisions.

What types of investigations can a judge order material to be produced for under POCA s.345?

The court can order production for confiscation, money laundering, detained cash, detained property, frozen funds, or cryptoasset investigations, provided the statutory requirements about reasonable grounds and public interest are met.

What material may be excluded from a production order?

A production order cannot require production or access to material subject to legal professional privilege in High Court proceedings, or to excluded material. Health, social services, education, and certain journalism and other confident records may be excluded depending on how they are held.

Sep 1, 2026

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