BackControlled operations are authorised undercover operations conducted for the purpose of obtaining evidence, frustrating criminal activity or corrupt conduct, arresting any person engaged in such activity, or carrying out an activity that may reasonably help to achieve these things. It is a powerful investigative methodology, especially for those situations where more conventional investigative approaches are impractical or unlikely to succeed.
The Law Enforcement (Controlled Operations) Act 1997 (the Act) makes it possible for specified law enforcement agencies to grant an authority to exempt persons from any criminal liability arising in the course of such operations - and to indemnify them from civil liability - where certain conditions are met.
During the 2012-2013 financial year a range of agencies authorised and completed controlled operations under the Act in New South Wales. Most were conducted by the New South Wales Police Force, with a smaller number conducted by the New South Wales Crime Commission and the Police Integrity Commission.
The agencies authorised to conduct controlled operations are required to notify the Ombudsman of these operations. The Ombudsman must also inspect their records to see if the they are complying with the requirements of the Act. This report sets out the result of those inspections for the period 1 July 2012 to 30 June 2013 and provides brief details of every operation authorised and completed by the agencies during the reporting period.
Our inspections found the law enforcement agencies to be generally compliant with the requirements of the Act. Most of the exceptions we identified tended to be minor administrative errors or oversights which were readily rectified and caused no apparent detrimental consequences for any parties.
In previous years we identified significant delays at the NSW Police Force with reports on the conduct of controlled operations being provided to the Commissioner or their delegate, and with the subsequent notification of the receipt of those reports to this office. Following the recommendations made in last year’s report we note the improvement in this area.
For further information please consult the link below.
Source: New South Wales Ombudsman
