Entrapment

Question 1

What is the rule of law on unfair obtained evidence?

Answer 1

There is no rule of law to the effect that evidence (other than confessions) must be excluded because it has been obtained illegaly or improperly - Kuruma v R 1955

Sang and the Common Law Position:

“The court is not concerned with how the evidence was obtained”.

This is undermined by S78 PACE, which gives judges the discretion to exclude evidence obtained improperly.

Question 2

Is evidence obtained by police “undercover operations” excluded under S78?

Answer 2

Evidence obtained by police “undercover operations” before the commission of an offence is generally not excluded under S78 unless entrapment is clear.

Christou 1992

Question 3

What is an Agent Provocateur, and what is Entrapment?

Answer 3

Agent Provocateur: A person who entices another to commit an express breach of law which he would not otherwise have committed and then proceeds to inform against him.

Entrapment: occurs when an agent of the State causes someone to commit an offence in order that he should be prosecuted.

Question 4

What guidelines were defined in Looseley (2001) regarding whether entrapment should be excluded?

Answer 4

1. Test purchases by undercover POs are generally acceptable
2. It is acceptable for POs to pose as passengers to catch a dodgy cab driver.
3. Use of evidence obtained by entrapment may deprive a defendant of the right to a fair trial (Article 6)
4. “Only proper purpose is to obtain evidence of criminal acts which they suspect someone is about to commit or is already engaged”. - It is not to tempt people to offend.
5. E.g Williams v DPP