Entrapment

HideShow resource information
What may happen in entrapment situations?
Abuse of process
1 of 21
What is entrapment?
involves agents of state luring people to commit offences or instigating crime
2 of 21
S78 PACE states...
If D can show entrapment court may stay proceedings as an abuse of process
3 of 21
Entrapment is a defence in law. True or false?
False!
4 of 21
What is the test for entrapment?
Whether or not police law enforcement methods were part of bona fide investigation as opposed to being a means of 'preying on the weakness of human nature to create crime for improper purpose'
5 of 21
What is the principle set out in DPP v Marshall?
may not be regarded as entrapment for officers to make test purchase to see if trader is selling alcohol illegally
6 of 21
What are the facts of Nottingham CC v Amin?
taxi driver driving outside licenced area - stopped & hired 2 police men in plain clothing
7 of 21
What was the decision in Nottingham CC v Amin?
officers did not act as agents - admission of ev would not prejudice trial - no ev of A being pressured into picking up officers
8 of 21
What are the facts of Khan v UK?
listening device unlawfully applied to D's house
9 of 21
What was the decision in Khan v UK?
did not render trial unfair under article 6 ECHR
10 of 21
What are the facts of Harmes & Crane?
H & C appealed against judge decision - not to stay prceedings - conspiracy to supply cocaine - claimed they had been entrapped by undercover officers - supplied accused with soft drinks in return for cocaine - H boasted about ability to import large
11 of 21
What was the decision in Harmes & Crane?
police committed crim acts - was not seriously improper to stay proceedings
12 of 21
Name the Loosely principles.
(a) where D shows entrapment, court must stay proceedings or exclude ev under S78 PACE (b) grant of stay should be the first appropriate response - to prosecute would affront public conscience
13 of 21
Name the Loosely principles. (2)
(c) decision to stay proceedings distinct from decision on forensic fairness of admitting ev (d) must consider whether police did no more than present D with opportunity to commit crime
14 of 21
Name the final Loosely principle.
(e) must consider whether police conduct was so improper to bring administration of justice to dispute
15 of 21
What must court consider when applying Loosely principles?
nature of offence, reason for police operation, extent of police participation in crime, & D's crim record
16 of 21
What are the facts of Moon?
police undercover - involving test purchase of drugs
17 of 21
What was the decision in Moon?
entrapment - conviction quashed - caused M to commit offence rather than provide her with opportunity
18 of 21
The police must have...
reasonable grounds for suspicion!
19 of 21
What is a cell confession?
Admissions claimed to have been made by one prisoner to another during joint detention
20 of 21
The judge in Pringle v R, relating to cell confessions, said...
Judges should be vigilant in these circumstances.
21 of 21

Other cards in this set

Card 2

Front

What is entrapment?

Back

involves agents of state luring people to commit offences or instigating crime

Card 3

Front

S78 PACE states...

Back

Preview of the front of card 3

Card 4

Front

Entrapment is a defence in law. True or false?

Back

Preview of the front of card 4

Card 5

Front

What is the test for entrapment?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all evidence resources »