The admissibility of evidence derived from special investigative techniques
John Hatchard · Edward Elgar Publishing eBooks · 2025
There are a range of special investigative techniques available to anti-corruption agencies, including the interception of communications and electronic surveillance. All raise constitutional issues, especially concerning the right to privacy. Drawing the line between targeted anti-corruption investigations and entrapment remains challenging. It is suggested that a useful guide is to consider whether the undercover anti-corruption agent did no more than present the target with an unexceptional opportunity to commit the offence. The difficulty of obtaining evidence in corruption-related cases provides the background to the discussion on the ‘end justifies the means.’ This suggests that despite the misconduct of anti-corruption investigators, the seriousness of the corruption offence and/or the identity of the perpetrator allows the court to admit the evidence.