44 Human Rights in Counter-Terrorism Investigations Case Study – Entrapment* X is a former drug user with a number of drug convictions. Over a six-month period, he is persistently approached by Y, a drug user, who turns out to be an undercover officer and persuades X to supply him with drugs by the use of threats and the offer of large amounts of money. X is then arrested and charged with drug trafficking. Question: Do the actions of the undercover officer constitute entrapment? Entrapment occurs when the police: a) provide a person with an opportunity to commit a crime without having reasonable suspicion that the person is already engaged in criminal activity or with other good cause; and b) although having such reasonable suspicion or other good cause, induce the commission of an offence. The absence of reasonable suspicion or other good cause is significant in assessing the conduct of the police because of the risk that the police will attract people who otherwise have no involvement in a crime and because it is not a proper use of the police power to randomly test the virtue of citizens. The presence of reasonable suspicion or other good cause will, however, never justify entrapment techniques. The police may not go beyond providing an opportunity, regardless of their perception of the accused’s character and of the existence of an honest inquiry. A number of factors should be considered to determine if the police have gone further than providing the accused with an opportunity to commit crime. These include: • the type of crime being investigated and the availability of other investigative techniques; • whether an average person, with both strengths and weaknesses, in the position of the accused would be induced to commit the crime; • the persistence and number of attempts made by the police before the accused agreed to commit the offence; • the type of inducement used by the police, including deceit, fraud, trickery or reward; • the timing of the police conduct, in particular whether the police have instigated the offence or became involved in on-going criminal activity; • whether the police conduct involves developing and exploiting intimate relations with the accused;