The admissibility of evidence derived from special investigative techniques

John Hatchard ()

Chapter 5 in Proving Corruption and Defending the Corrupt, 2025, pp 83-103 from Edward Elgar Publishing

Abstract: 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.

Keywords: Special investigative techniques; Interception of communications; Undercover investigations; Entrapment; The end justifies the means approach; Private entrapment (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035307463
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