How does the law on entrapment work in England?

Question

Is there a similar law as in the US? If so - what's the definition of entrapment. Many thanks.

Answer 1

No, entrapment as a concept doesn't exist in UK law. The police can set up a sting and if you fall for it, you are arrested.

UK law does a lot more to protect society from criminals than US law, which seems at times to be designed to excuse criminals as often as possible.

Answer 2

This is how I see it and many I speak to agree and there have been cases in the UK.

If it's baited and freely easily accessible and placed there as the purpose to trap a criminal. It may be considered an argumentative entrapment.

However, If it's baited, securely locked up or made difficult to steal and they damage any materials in order to break it free and placed there as the purpose to trap a criminal. It's a harder argument to scream entrapment.

Consider this as example......

Not Entrapment: A car with a laptop on show in the back seat. Visible to anyone. Then someone comes along, see it. Then smashes the window or breaks the lock to get in, they steal it.

Entrapment: A similar situation, car door is wide open. The driver is NO WHERE to be seen, The laptop is there easy to grab. Someone takes it from the car and is then surrounded by old bill.

Another scenario.....

Not Entrapment: A bicycle is locked up to the railings or a public bike area. The bicycle is securely locked up. Someone turns up with a bolt cutter or some way of breaking the lock off. He's caught by police.

Entrapment: Similar scenario, bicycle is leaned up against somewhere and the owner not around in sight. not locked any bugger can nick it.

Get the idea? Same could possibly be said about a lonely handbag on a park bench.

Read up UK Entrapment. There's a cases where female police officers dressed up as prostitutes to entrap kerb crawlers. quite a few of theses cases are being won by those who have been arrested. They may of lost if it was a real prostitute and they simply just got caught red handed.

Answer 3

Police Entrapment

Answer 4

A person is 'entrapped' when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit; and the law as a matter of policy forbids conviction in such a case.

However, there is no entrapment where a person is ready and willing to break the law and the Government agents merely provide what appears to be a favorable opportunity for the person to commit the crime. For example, it is not entrapment for a Government agent to pretend to be someone else and to offer, either directly or through an informer or other decoy, to engage in an unlawful transaction with the person. So, a person would not be a victim of entrapment if the person was ready, willing and able to commit the crime charged in the indictment whenever opportunity was afforded, and that Government officers or their agents did no more than offer an opportunity.

On the other hand, if the evidence leaves a reasonable doubt whether the person had any intent to commit the crime except for inducement or persuasion on the part of some Government officer or agent, then the person is not guilty.

In slightly different words: Even though someone may have [sold drugs], as charged by the government, if it was the result of entrapment then he is not guilty. Government agents entrapped him if three things occurred:

- First, the idea for committing the crime came from the government agents and not from the person accused of the crime.

- Second, the government agents then persuaded or talked the person into committing the crime. Simply giving him the opportunity to commit the crime is not the same as persuading him to commit the crime.

- And third, the person was not ready and willing to commit the crime before the government agents spoke with him.

On the issue of entrapment the government must prove beyond a reasonable doubt that the defendant was not entrapped by government agents.

Answer 5

Entrapment Uk Law

Answer 6

Classic example is where the police use undercover officers to pose as prostitutes. The girls don't actually offer anything, it's the "punter" who makes the running and promptly gets arrested.
As another responder says, if the initiative is taken by the target and the police simply facilitate whatever he does, that's not a problem. There would be a problem if a policeman specifically approached someone in a pub and offered something illegal, f'rinstance.

Answer 7

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The law was written for change. Some examples I have dealt with are: 1) Miranda (4th &5th Amendment Rights 1968) 2) Roe v Wade (Right to choose 1973) 3) Furman v Ga. (Death Penalty / Cruel and unusual 1972) 4) Search and seizure (4th Amendment / exigent circumstances, plain view doctrine, on site viewing or the cause of what is Entrapment v Enticement) 6) Marijuana laws (From poppies seeds for a Prison term - to now cite for 5 oz in possession) Take the one I like best, Roe vs Wade, or the so called Abortion right. If one reads Roe vs Wade, it was not about the right to abort but the right to have an abortion, per se. The right of the mother who had an unwanted child, to CHOOSE to have an abortion, not to be told by the church, nor the state, that it was immoral or illegal to do and that she could not have one. As a Catholic, I do not accept abortion as an end result, life is sanctity. But as an officer I had to protect the individuals right, to seek an abortion, if one so chose (the law said so).by an abortion clinic as well as keep peace, by those passing out pamphlets not to have the abortion. (1973) By 1980's, both sides in the issue, set up counseling services to the client who sought to seek an abortion, to be given the PRO vs CON. Each side had a chance to talk to the individual about their choice(s), the individual had now a choice to make intelligently from view points on both points. The law is set up as a living breathing document subject to be changed as we have seen. Police are trained yearly in the newest changes as they come out as what to do and what not to do to ensure every-ones rights are not violated.

Answer 8

Entrapment is allowed.

The police often use open cars with bags in to trap car thieves so i suspect that its allowed in other areas of crime as well.