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