Harmes & Anor, R. v

Although there were substantial breaches of RIPA and the Code in the authorisation process and the officers' conduct was criminal, the conduct was not so seriously improper as to require a stay of prosecution. The appellants willingly participated in the conspiracy for their own gain, and the officers' actions did not go beyond what was necessary to investigate and prosecute crime.

Parties: Respondent: Regina; Appellant: Raymond Harmes; Appellant: Gary Crane
Jurisdiction: England and Wales
Judgment Date: 09 May 2006
Procedural Posture: Criminal Appeal / Appeal Against Conviction
Outcome: Appeal dismissed
Legal Topics: Entrapment, Conspiracy, Authorisation of Undercover Operations, Proportionality, Necessity, Regulation of Investigatory Powers Act (ripa), Code of Practice, Section 170 Customs and Excise Management Act 1979

Criminal Law Police Powers Human Rights Entrapment Conspiracy Authorisation of Undercover Operations Proportionality Necessity +3 more

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 6

Parties

Regina

Respondent

Raymond Harmes

Appellant

Gary Crane

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

1 Whether police conduct amounted to entrapment requiring a stay of prosecution
2 Whether breaches of RIPA and the Code of Practice tainted the conspiracy charge
3 Whether the prosecution should be stayed due to improper authorisation and inducement

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Convictions for conspiracy to contravene Section 170 of the Customs and Excise Management Act 1979 upheld
No stay of prosecution granted