covert and proactive policing

traditional model police investigation

reactive

proactive

covert

surveillance

informers

controlled delivery

front store operations

telephone tapping

Case of Collin Stag

challenged to covert and proactive policing

common law approach to police practice

Malone v UK 1986

Interception of Communications Act 1985

Two aims of Regulation of investigatory powers act 2000

directed surveillance

intrusive surveilance

authorisation under police act 1997

evidence from intercept of postal or public telecommunications systems'

covert human intelligence sources

interference with property

intrusive surveillance

directed surveillance and use of covert human intelligence sources

interception of communications

modern day challenges to legal limits

why are there legal filters on relevant evidence

relevance, admissibility and improper conduct
common law

Leatham 1861 Crompton J

R v Rennie 1982

Sang 1980
Lord Diplock

s78 PACE 1984

balancing effect of allowing evidence that has been improperly obtained

Keenan 1990

issues to take into account when deciding whether or not to exclude

Khan (Sultan) 1997

Why is telephone tapping better not used as evidence in a trial?

P [2002]

Sargent

R v Turner (2013)

Bugs in private premises

Bailey and smith [1993]

Plunkett [2013]

entrapment

ordinary opportunities

extraordinary opportunities

Loosely (2001)

common law on entrapment

Smurthwaite

Smurthwaite and Gill (1994)

agent provocateur

factors relevant to when s78 discretion will be used for entrapment

Looseley
AG ref 3 (2001)

extraordinary temptation

Attorney Generals reference 3 (2001)

Nottingham CC v Amin (2000)
Lord Bingham

Christou and Wright (1992)

Moore and Burrows

Bryce

Latif and Shahzad (1996)

Abuse of process v s78 exclusion

Looseley and application of s78 or abuse of process

deciding between abuse of process or s78 an alternative