Informants

Question 1

Which section protects informants?

Answer 1

Section 64 of evidence act 2006 grants privilege to informers that protects their identity

and extends to information that is likely to disclose that identity.

Question 2

CL: R v McGinty

CHIS

Answer 2

Disclosure of the identity of alleged informants was not required under the act

and the trial judge was correct in deleting from the application certain parts

which would have been likely to lead to the identification of informants.

However the trial judge was entitled to insist on disclosure if he saw fit.

Question 3

A person is an informer if the person:

Answer 3

Has supplied,
Gratuitously
Or for reward

Information to an enforcement agency
Or to a representative of an enforcement agency

Concerning the possible or actual commission of an offence

in circumstances in which the person has a reasonable expectation that his or her identity will not be disclosed.