a defence that claims the defendant would not have broken the law if not tricked into doing it by law enforcement officials
n. in criminal law, the act of law enforcement officers or government agents inducing or encouraging a person to commit a crime when the potential criminal expresses a desire not to go ahead. The key to entrapment is whether the idea for the commission or encouragement of the criminal act originated with the police or government agents instead of with the “criminal.” Entrapment, if proved, is a defence to a criminal prosecution. The accused often claims entrapment in so-called “stings” in which undercover agents buy or sell narcotics, prostitutes’ services or arrange to purchase goods believed to be stolen. The factual question is: Would Johnny Begood have purchased the drugs if not pressed by the narc?
- The state of being entrapped.
- legal Action by law enforcement personnel to lead an otherwise innocent person to commit a crime, in order to arrest and prosecute that person for the crime.
Giving a person the opportunity to commit a crime, with a view to securing a conviction. Entrapment has no particular status under English law: in theory, if it amounts to Incitement or Conspiracy then it is an offence, whatever the motive. At the same time, it is not unlawful in itself, as it is in some jurisdictions.
It is not, in general, a defence for the defendant to claim that his offence resulted from entrapment. Before the passage of the Police And Criminal Evidence Act (1984) judges had no real discretion to penalise the Crown for the use of such procedures. Now under s.78 of that Act a judge may rule evidence obtained by entrapment inadmissible. This will only be effective if it is shown that the introduction of the evidence is prejudicial to the fairness of the trial beyond its probative value. However, the Human Rights Act (1998) gives effect to the ‘right to a fair trial’, and it may be that courts will come under increased pressure to strike out entrapment cases. For a discussion of s.78, see improperly obtained evidence.
Entrapment is a legal defence that arises when law enforcement officers induce or persuade an individual to commit a crime that they were not predisposed to commit.
In undercover investigations, law enforcement officers may use deception or undercover tactics to gather evidence against suspects who are already predisposed to committing the crime. In entrapment, however, officers induce individuals who are not predisposed to commit the crime to do so.
Entrapment occurs when:
- Law enforcement officers induce or persuade an individual to commit a crime.
- The individual was not predisposed to commit the crime before the inducement or persuasion.
Yes, undercover operations are legal when they involve gathering evidence against individuals who are already predisposed to committing the crime. However, if law enforcement officers induce or persuade an individual who was not predisposed to commit the crime, it may constitute entrapment.
Some examples of entrapment include:
- Law enforcement officers repeatedly urging an individual to sell drugs, even after the individual has repeatedly refused.
- Providing substantial inducements or incentives for an individual to commit a crime they would not otherwise commit.
- Pressuring an individual to engage in criminal activity by exploiting vulnerabilities, such as financial hardship or mental illness.
Courts consider factors such as:
- The nature and extent of the government’s inducement or persuasion.
- The individual’s reluctance or resistance to commit the crime.
- The individual’s predisposition or lack thereof to commit the crime.
Yes, if a defendant can prove that they were entrapped, it may be a valid defence to criminal charges, resulting in dismissal of the case or acquittal.
To prove entrapment, a defendant may need to present evidence showing that they were induced or persuaded to commit the crime by law enforcement officers and that they were not predisposed to commit the crime before the inducement.
Yes, defendants may challenge undercover operations as entrapment if they believe they were induced to commit a crime they were not predisposed to commit. However, success depends on the specific circumstances of the case and the evidence presented.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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