English Law and Entrapment

English chasten and EntrapmentAnalyse the turn up of the English begs towards entrapment evidence. How far is it consistent with the jurisprudence of the European homage of homo Rights?Before we can analyse the English Courts approach to entrapment evidence, we must define what entrapment is. It can be defined as An gene of the adduce ., cause some to commit an offence. For he should be prosecuted.1 everywhere the years, the common- righteousness approach on entrapment has evolved. The motor hotels took it as if the evidence is relevant than the cost would deem it admissible. In R v Leatham it was said it matters non how you shrink it if you steal it even, it would be admissible in evidence2. Of course, we cant imagine it be like that now. We turn over The European Convection of sorting Rights, which guarantees everyone a fundamental right to a delightful trial in sorry courts incases. We overly have the homophile Rights displace3, which also gives the defenda nt to a right to fair trial.In the determination of his civil rights and obligations or of any criminal charge against him, everyone is authorise to a fair and mankind hearing within a logical time by an independent and impartial tribunal established by law4It has always been clear that thither is no defence for entrapment, someone who has committed the crime should be convicted of much(prenominal) crime. This is shown R V Sang5 the fact that the counselling or procurer is a policeman or informer, although it may be of relevance in mitigation of penalty for the offence, can non affect the guilt of the head word offender6. Any entrapment should be taken into mitigation when deciding the appropriate sentence. evening though there is no defence to there is a line up for entrapment, for the case to be stayed, meaning to have the case stopped if there has been an abuse of court processes.This shown in R V LooselyAlthough entrapment is not a substantive defence, English law has now developed remedies in respect of entrapment the court may stay the relevant criminal legal proceeding, and the court may throw out evidence pursuant to s.78. In these respects, Sang has been overtaken. Of these both remedies the grant of a stay, rather than the exclusion of evidence at the trial, should comm just now be regarded as the appropriate response in a case of entrapment7However, even though a judge has the power to stay proceedings if there is an abuse of process. This cannot be seen an acquittal as an it is not, but erect the judge stopping the case. As he believes the case must be stopped, as continuing with the abuse of process would trade name the trail of the defendant unfair. Which would be a discover of Artifice 6 of The Convention on European humans Rights. It should be noted that even though it Is not an acquittal, it would be very unlikely for the case to go back to court. If this is through with(p) with erupt a change to the facts and circumstances of the case, and the prosecutor tries to bring the charge again. This could also be an abuse of process.Even though the English common law has evolved over time in regards to entrapment and protecting the defendants human rights to a fair trial. Several leading cases have made it to the European Court of Human Rights. One of them beingness Teixeira de Castro v. Portugal8 in this case the applicant was asked to buy drugs, for devil undercover police officers. The applicant did buy these drugs for them after which he did he was arrested. He was convicted and appeals in Portugal went against him, he took his case to The European Court of Human Rights, they held that Portugal did breach article 6.The court held that . In the light of all these considerations, the Court concludes that thetwo police officers actions went beyond those of undercover agents because they instigated the offence and there is nobody to suggest that without their intervention it would have been committed. That intervention and its use in the impugned criminal proceedings meant that, right from the outset, the applicant was definitively deprived of a fair trial. Consequently, there has been a violation of hold 6 1.9Even though it seems that The European Court of Human Rights, believes that using entrapment evidence. Does infringe Article 6 of the Convection of Human Rights, right to a fair trial, as shown iTeixeira de Castro v. Portugal10. However, it is also worth pointing out that entrapment as a whole and inadmissibility of evidence does not automatically breach Article 6. This can be shown in Schenck v. Switzerland11 where the court said piece Article 6 (art. 6) of the Convention guarantees the right to a fair trial, it does not lay down any rules on the admissibility of evidence as such, which is accordingly primarily a matter for regulation under national law.The Court, therefore, cannot exclude as a matter of principle and in the abstract that unlawfully obtained evidence of th e present kind may be admissible. It has only to hold in whether Mr Schenks trial as a whole was fair.12At this stage, it is fair to state there is a number make where entrapment by the police is affably allowed. As long as the is evidence that the defendant is doing something illegal and the entrapment of the suspect is not the only evidence. One of these occasions is where police or early(a) state officials, go into a shop and conduct turn out purchases. other occasion is where police or other state officials act as passengers to catch out unlicensed taxi drivers. Entrapment of unlicensed taxi driver is shown in East locomote of Yorkshire Council v Dearlove,13In this case Dearlove primed(p) an advert for Chauffeur go, a licensing officer saw this advert and notice that he was not licenced for these services. The licensing officer emailed Mr Dearlove on several occasions reminding him of licensing obligations. A try out purchase was made and the booking did happen. Mr Dearlove was taken to court and they came to the following descionWe were of the opinion that the actions of the local authority were excessive in the absence seizure of any criminal activity on Mr Dearloves part and as such we found it would be unfair to allow the proceedings to continue and consistent a stay of the proceedings.14When the case was appealed, they decided that the actions of the council was not entrapment, as they only did what a normal member of public would do in booking the service. The went on to say the followingIt does not seem to me that there was, in the conduct of the councils officers, anything that could amount to impermissible entrapment. They booked the service just as an ordinary member of the public would do . In my view the officers obviously provided the opportunity for commission of an offence by the provision of the very kind of service that Mr Dearlove had advertised15.They went on to sayMr Dearlove had an express warning that a test purchase mi ght be made and there can be no unfairness in those circumstances in initiating a test purchase a few weeks later. There is, moreover, a strong public interest in ensuring that only licensed operators supply taxi services of this kind.16In conclusion with the European Conviction on Human Rights and the European Court of Human Rights, only allowed to focus on the trail being fair. The approach of the English Courts does seem to be consistent with the jurisprudence of the European Court of Human Rights. This is because English common law has evolved, to help make trails fairer in regards to evidence and entrapment. This has been done the Police and Criminal certify Act17 and the abhorrence of Process Doctrine. Which has given the courts to the power so stay an case, for an abuse of process, which has pass from entrapment.Word Count 1343BibliographyTable of Legislation CitedConvention for the Protection of Human Rights and Fundamental FreedomsHuman Rights Act 1998Police and Criminal Evidence Act 1984Table of Cases CitedEast travel of Yorkshire Council v Dearlove 2012 EWHC 278 (Admin), CO/8593/2010R Leatham (1861) 25 JP 468, Crompton JR V Loosely, 2001 UKHL 53R v Sang 1980 AC 402Schenck v. Switzerland, (10862/84 (Series A No.140 (1988) 13 EHRR 242))Teixeira de Castro v. Portugal, (25829/94 (1999) 28 EHRR 101)Table of Journals CitedMcKay, Simon, feeler Allegations of Entrapment Part I 2009 Criminal Law and Justice Weekly.https//www.criminallawandjustice.co.uk/features/ plan of attack-Allegations-Entrapment-Part-I Accessed March 2017McKay, Simon, Approaching Allegations of Entrapment Part II 2009 Criminal Law and Justice Weekly.https//www.criminallawandjustice.co.uk/features/Approaching-Allegations-Entrapment-Part-II Accessed March 2017 and ReadingSleight, David, The law regarding entrapment June 2010Accessed March 20171 R V Loosely, 2001 UKHL 53 as per Lord Hoffmann paragraph 35.2 R v Leatham (1861) 25 JP 468, Crompton J3 Article 6, Human Rights Act 19984 ARTI CLE 6, Right to a fair trial, European Convention on Human Rights5 R v Sang 1980 AC 4026 R v Sang 1980 AC 4027 R V Loosely, 2001 UKHL 53 as per Lord Nicholl paragraph 168 Teixeira de Castro v. Portugal, (25829/94 (1999) 28 EHRR 101)9 Teixeira de Castro v. Portugal, (25829/94 (1999) 28 EHRR 101) at Paragraph 3910 Teixeira de Castro v. Portugal, (25829/94 (1999) 28 EHRR 101)11 Schenck v. Switzerland, (10862/84 (Series A No.140 (1988) 13 EHRR 242))12Schenck v. Switzerland, (10862/84 (Series A No.140 (1988) 13 EHRR 242))13 East Riding of Yorkshire Council v Dearlove 2012 EWHC 278 (Admin), CO/8593/2010.14 East Riding of Yorkshire Council v Dearlove 2012 EWHC 278 (Admin)15 East Riding of Yorkshire Council v Dearlove 2012 EWHC 278 (Admin)16 East Riding of Yorkshire Council v Dearlove 2012 EWHC 278 (Admin)17 Police and Criminal Evidence Act 1984