POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 258
Protection from criminal responsibility for controlled conduct during authorised operations
POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 258
Protection from criminal responsibility for controlled conduct during authorised operations
258 Protection from criminal responsibility for controlled conduct during
authorised operations
(1) Despite any other Act or law of this jurisdiction,
a participant who engages in conduct, whether in this jurisdiction or
elsewhere, in an authorised operation in the course of, and for the purposes
of, the operation, is not, if engaging in that conduct is an offence,
criminally responsible for the offence, if—
(a) the conduct is authorised
by, and is engaged in, in accordance with, the authority for the operation;
and
(b) the conduct does not involve the participant intentionally inducing a
person to commit an offence under a law of any jurisdiction or the
Commonwealth that the person would not otherwise have intended to commit; and
(c) the conduct does not involve the participant engaging in any conduct that
is likely to—
(i) cause the death of, or serious injury to, any person; or
(ii) involve the commission of a sexual offence against any person; and
(d)
if the participant is a civilian participant—the participant acts in
accordance with the instructions of a law enforcement officer.
(2) Also, a
law enforcement officer is not criminally responsible for conduct that,
because of an authorised operation, was reasonably necessary to—
(a) protect
the safety of any person; or
(b) protect the identity of a participant; or
(c) take advantage of an opportunity to gather evidence about a relevant
offence not mentioned in the authority.
(3) However, subsection (2) does not
relieve a law enforcement officer from criminal responsibility for conduct if
the conduct results in—
(a) injury to, or the death of, a person; or
(b)
serious damage to property; or
(c) a serious loss of property; or
(d) a
person being encouraged or induced by the officer to engage in criminal
activity of a kind the person could not reasonably be expected to have engaged
in if not encouraged or induced by the officer to engage in it.
