The test of whether the behaviour of undercover police officers in instigating offending by the defendant crossed the line, so as to justify exclusion of their evidence, remains that the court must look at the extent of freedom of choice left to the defendant, and the propriety or otherwise of the officer’s actions. Did the officer, whether by active or passive means, do more than to afford to the defendant the opportunity to offend? Here the judge had also been wrong to exclude evidence of the defendant’s past behaviour where it’s nature was of direct relevance to the offence in question.
Citations:
Times 27-Jun-2001, [2001] EWCA Crim 1214, [2001] EWCA Crim 1214
Links:
Citing:
Cited – Practice Direction on the Citation of Authorities LCJ 9-Apr-2001
The court laid down rules for restricting the citation of authorities, which rules are to be applied in all courts except criminal courts. The increase in the number of judgments series being available had come to be problematic for all involved, . .
Lists of cited by and citing cases may be incomplete.
Criminal Evidence
Updated: 18 May 2022; Ref: scu.78020