Entrapment is not a recognised legal defence in Australia. However, if law enforcement crosses the line by coercing, pressuring, or inducing criminal behaviour, courts can take action to prevent unjust outcomes.

What Is Entrapment?

Entrapment occurs when law enforcement officers encourage, persuade, or pressure someone into committing a crime they would not have otherwise committed.

The key question is: Was the person already predisposed to commit the crime, or did police influence their decision?

Is Entrapment a Defence in Australia?

No Formal Entrapment Defence

Unlike other countries, Australia does not offer entrapment as a formal legal defence.

Focus on Police Misconduct

Instead, Australian courts assess whether police acted improperly, for example, by inducing someone to break the law when they otherwise wouldn’t have.

Judicial Discretion

If misconduct is proven, judges can:

• Exclude the evidence from the trial, or
• Stay the proceedings, effectively halting the prosecution.

Examples of Improper Police Inducement

Police conduct may be deemed improper if it involves:

• Persistent pressure on someone to sell drugs after they initially refused
• Coercing a vulnerable person into joining extremist activities
• Offering bribes to tempt a person into corrupt behaviour

Distinguishing Police Investigations

Police are permitted to conduct undercover operations and provide opportunities for offenders already willing to commit crimes. This approach is lawful as long as officers do not actively encourage or coerce illegal behaviour.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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