What is the common understanding of police entrapment?
Police entrapment occurs when a law enforcer such as a police constable causes a person to commit an offence with the intention of prosecution for that offence. (For example, posing, or hiring someone to pose as a street prostitute and waiting for a ‘kerb crawler’ to attempt to solicit for the services of the prostitute from their vehicle).
What constitutes Entrapment?
As understood in UK criminal law, for a person to fall foul of entrapment, a law enforcement agent would have induced a person to commit an offence that otherwise they would have had no intention to commit.
Taking the above prostitute example, an undercover agent posing as a street prostitute only engages in activity considered to be entrapment if they deliberately solicit or coerce the business of a passer-by (kerb crawler).
For more information on:
- Police entrapment and court proceedings
- Police and Criminal Evidence Act 1984
- Entrapment as a defence?