Williams and Another v DPP
| Jurisdiction | England & Wales |
| Judgment Date | 01 March 1993 |
| Date | 01 March 1993 |
| Court | Divisional Court |
Queen's Bench Divisional Court
Before Lord Justice Farquharson and Mr Justice Wright
Criminal evidence - admissibility- agents provocateurs
Police who left an insecure and unattended van, with an apparently valuable load on display, and kept it under observation in the hope that a passer-by might act dishonestly and be apprehended, were not acting as agents provocateurs and the evidence gathered was not inadmissible on the ground of unfairness.
The Queen's Bench Divisional Court so held, dismissing appeals by way of case stated by Gary Williams and Edward O'Hare against their conviction by Redbridge Justices on September 2, 1992 of interfering with a motor vehicle, contrary to section 9 of the Criminal Attempts Act 1981.
Mr Rupert Meikle for the appellants; Mr Keith Hadrill for the prosecution.
MR JUSTICE WRIGHT said that police officers had left an insecure and unattended vehicle, with an apparently valuable load, in fact dummy cigarettes, on display, parked in a busy shopping area which was an area of high motor vehicle crime. The police had then kept the van under observation.
The appellants had appeared, taken an interest in the van and removed some cartons. They had been arrested and had both made full admissions. However, the appellants had attributed their conduct to the temptation placed in their way by the police.
The justices found that during the operation the police had not verbally communicated with either of the appellants and the operation had not been directed at any specific individual.
There had been no active negotiation or participation with either of the appellants and no physical or mental force had been applied to them to approach the van and take any of its contents.
There had merely been an expectation, or hope, that somebody, no particular individual, might act dishonestly and be apprehended.
The appellants had participated in an...
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