Controlled Operations, Controlled Activities and Entrapment

Abstract

This article explores the boundaries between, on the one hand, controlled operations and activities under Chapter 5 of the Police Powers and Responsibilities Act 2000 (Qld) and, on the other hand, entrapment of a kind liable to lead to the exclusion of evidence. ‘Entrapment’ involves improper facilitation or inducement of an offence for the purpose of obtaining evidence for its prosecution. Chapter 5 was designed primarily to authorise participation in otherwise unlawful activities during covert investigations, and thereby to avoid evidence being excluded on the ground that the offence committed to obtain evidence was disproportionate to the offence to be prosecuted. It is, however, still possible for evidence to be excluded because an improper mode of facilitation or inducement was used or because the target of the investigation was selected in an improper way. The article examines the scope for either of these other forms of entrapment to occur following the enactment of Chapter 5.