Police Flashcards
What is an ‘undercover officer’?
Police whose identity is concealed for the purpose of a particular investigation
Section 34A (2) - Protection of Police officers
No prosecution for an offence shall be commenced against any member of Police in respect of any act committed by him at the time when acting undercover (except with leave from the Attorney-General)
How to prove to the court that an officer was undercover?
A certificate signed by the Commissioner of Police
Who decides on the facts when doubts are raised as to the credibility of the undercover officer?
The Judge
Explain opportunity vs encouragement in terms of offences and officers credibility
There is a broad distinction between the use of Police to present opportunity to those disposed to such activity and the encouragement or stimulation of offences which would not otherwise be committed
What will happen in court if obtaining evidence from Police has extended into the area of unacceptable encouragement?
The trial Judge has a discretion to exclude prosecution evidence if Police conduct in obtaining the evidence has extended into unacceptable encouragement
Explain Section 142B Sentencing Act - Instruments of Crime
Mandatory obligations for the court to be notified of any relevant property that is an instrument of crime so that forfeiture can be considered as part of sentencing
eg. house used to manufacture meth
Explain Section 142B Duties of Prosecutor if offender guilty of qualifying instrument forfeiture offence
Prosecutor must notify the court (Prosecutors notice) in writing of:
a) details of that property
b) the name and identifying details of any person (other than offender) who has an interest in the property
When property needs to be restrained what must be included in the affidavit from the O/C:
- your details
- offenders details and charges
- criminal convictions
- search warrant
- admissions
- property
