Entrapment

Published by a UUÂãÁÄÖ±²¥ Corporate Crime expert
Practice notes

Entrapment

Published by a UUÂãÁÄÖ±²¥ Corporate Crime expert

Practice notes
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There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a person into committing illegal acts and then seek to prosecute them for doing so.

The House of Lords said that, although entrapment is not a substantive defence in English law, where an accused can show entrapment, the court may stay the proceedings as an abuse of its process or exclude evidence.

Where the actions of the state threaten the rule of law, it would be unfair to try the defendant. As a matter of policy, when a defendant has been treated so unfairly, the integrity of the criminal justice system depends on them not being tried at all. State-created crime is unacceptable and improper, and to prosecute in such circumstances would be an affront to the public conscience. The court has found that in these circumstances the ends do not always justify the means.

This is distinct from the situation in which an accused is given the opportunity to commit

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Jurisdiction(s):
United Kingdom
Key definition:
Murder definition
What does Murder mean?

Murder is a common law offence defined as the unlawful killing of any human being with malice aforethought

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