Prosecution Procedure Protection of Police Officers

Question 1

Section 34A of the Act outlines:

Answer 1

34A. Protection of police officers
(1) In this section the term ‘undercover officer’ means a member of the Police whose identity is for the time being concealed for the purpose of a particular investigation of any suspected offence against this Act or any person suspected of such an offence; and includes any other member of the Police who is for the time being directing or assisting that member in the course of that investigation.
(2) No prosecution for an offence against this Act, or against any regulations made under this Act, shall be commenced or continued against any member of the Police in respect of any act committed by him at a time or during a period when he was acting as an undercover officer, except with the leave of the Attorney-General.
(3) A certificate signed by the Commissioner of Police to the effect that, at any specified time or during any specified period, the member of the Police named in the certificate was acting as an undercover officer shall, for the purposes of subsection (2) of this section, be conclusive evidence of that fact.

Question 2

When the Officer’s credibility and permissible activities creates doubt:

Answer 2

In cases where the defence raises doubt as to the credibility of the undercover officer’s evidence, the trial judge is to decide on the facts.

Question 3

Discuss Instruments of Crime:

Answer 3

The obligation to notify the court is on the prosecutor – defined in the Criminal Proceeds (Recovery) Act 2009 as any of the following people:
a) the person for the time being in charge of the criminal file
b) any other employee of the person or agency by whom the prosecutor is employed who has responsibilities for any matter directly connected with the proceedings; and
c) counsel representing the person who laid the charging document

Question 4

Discuss Section 142B of the Sentencing Act 2009:

Answer 4

If a person is convicted of a qualifying instrument forfeiture offence and any property was used to commit, or to facilitate the commission of, that offence, the prosecutor must, if in the prosecutor’s opinion the court should consider whether to make an instrument forfeiture order in respect of that property, notify the court in writing of—
a) the details of that property:
b) the name and identifying details of any person (other than the offender) who, to the knowledge of the prosecutor, has an interest in the property

Question 5

Discus the Restraint of Instrument of Crime:

Answer 5

Such an application will require a straight forward affidavit from the officer in charge of the file outlining:
* your details
− offenders:
− details and charges
* criminal convictions
* search warrant
− describe offending found at property
− (the higher the value of the asset the more commercial scale of offending required)
* admissions made during interview
* property
− describe property sought to be restrained and its value
− show that offender owns property or is in their custody and control.