A claim of entrapment into an offence is not a defence in Engish law. The court adopted a definition contained in the report of the Royal Commission on Police Powers in 1928 in which an ‘agent provocateur’ was taken to mean ‘a person who entices another to commit an express breach of the law which he would not otherwise have committed and then proceeds or informs against him in respect of such offence’.
An application for leave to appeal is not itself an appeal under section 5(1) of the 1968 Act.
Citations:
[1974] 60 Cr App R 59, [1975] Crim LR 154
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Sang HL 25-Jul-1979
The defendant appealed against an unsuccessful application to exclude evidence where it was claimed there had been incitement by an agent provocateur.
Held: The appeal failed. There is no defence of entrapment in English law. All evidence . .
Lists of cited by and citing cases may be incomplete.
Crime, Criminal Practice
Updated: 27 October 2022; Ref: scu.250464
