IDG54060 | Information disclosure Gateways with other government departments: Police: Production Orders

The Police will usually request information from HMRC under provisions contained in the Anti-terrorism, Crime and Security Act (ATCSA). Details of how information can be obtained under the ATCSA is given in IDG50100. However in certain cases, the Police may obtain a Production Order from the Court that requires that certain, specified documents be disclosed.

Production orders can only be granted under the following statutes:

• Section 55 of the Drug Trafficking Act 1994,

• Schedule 5, paragraph 5 of the Terrorism Act 2000,

• Sections 345 and 350 of the Proceeds of Crime Act 2002.

The RIS Gateway Exchange Team (GET) deal with Production Orders on behalf of HMRC. RIS Gateway Exchange Team (GET) respond to production orders where the information is stated as required for intelligence purposes. That may include certain types of third-party information held by, but not belonging to, HMRC.

The FIS Specialist Witness Statement Team respond to production orders when the information is stated as required for evidential purposes.

Both types of orders would need to be submitted via the RIS, Gateway Exchange Team (RIS) mailbox.

Devolved administrations

RIS Gateway Exchange Team (GET) do respond to orders issued in Scotland requiring information for intelligence purposes. However, FIS Specialist Witness Statement Team do not consider orders from Scottish Courts requiring statements. These are dealt with by the FIS Police Production Order team. For further information, please email the Police Production Orders, SCC (FIS) mailbox.

Further guidance

If you are in any doubt about dealing with production orders you should seek advice from your Security & Information Business Partner (SIBP).