Regulating covert policing methods: From reactive to proactive models of admissibility

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Title Regulating covert policing methods: From reactive to proactive models of admissibility
Author Bronitt, Simon H
Book Title The Social Implications of Covert Policing
Editor Simon Bronitt, Clive Harfield and Katrina Michael
Year Published 2010
Place of publication Wollongong
Publisher University of Wollongong
Abstract In this paper I will explore (a) how the courts, through their judicial discretion to exclude evidence and procedural rules, regulate the admission of evidence, and (b) the impact (if any) that court rulings have on investigative practices. Focusing on a range of examples from the field of covert investigation (including controlled operations and covert interviewing), this paper will explore the effectiveness of this model of judicial review. The paper explores whether, in lieu of post hoc judicial review, there are other regulatory models that could be employed proactively to determine the admissibility of evidence in cases where the legality and ethics of investigative methods are contestable.
Peer Reviewed No
Published Yes
Publisher URI http://www.aipm.gov.au/know-it-now/police/the-social-implications-of-covert-policing/
Alternative URI http://www.anu.edu.au/NEC/conferences_workshops/2009_CrossingBorders/Covert-Program.pdf
Chapter Number 1
Page from 9
Page to 17
ISBN 9781741281934
Date Accessioned 2011-06-01
Date Available 2014-02-13T03:40:23Z
Language en_US
Faculty Arts, Education and Law
Subject Law and Legal Studies
URI http://hdl.handle.net/10072/40451
Publication Type Book Chapter (Non-Composite)
Publication Type Code b2

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