Regulating Undercover Law Enforcement: The Australian Experience

This book explores the regulation of undercover police investigations in Australia, comparing it to other major common law jurisdictions. It argues that the Australian model offers a successful model for regulatory structure and practice, but raises important questions about the relationship between citizen and state, the judiciary and the executive, and broader questions about the protections offered by rights discourse and jurisprudence.

Format: Paperback / softback
Length: 370 pages
Publication date: 07 March 2022
Publisher: Springer Verlag, Singapore

This comprehensive book delves into the intricate regulation of undercover police investigations in Australia. Drawing upon extensive documentary and doctrinal legal analysis, it explores how, within a span of just a decade, Australian lawmakers undertook the challenging task of regulating one of the most complex aspects of law enforcement: undercover operations. The Australian experience stands as a remarkable paradigm model, showcasing a successful approach to governing this sensitive domain. However, it is important to acknowledge that this system of law and practice possesses a darker side, characterized by its reliance on activities that would be unlawful without proper authorization. This model encompasses not only the surveillance and control of police but also the investigation of suspected criminal conduct.

The primary objective of this book is to place the Australian experience in a comparative context with other major common law jurisdictions, including the United Kingdom, Canada, and New Zealand. By examining the strengths, similarities, and weaknesses of these models, the book seeks to provide valuable insights into the regulatory frameworks and practices employed in these jurisdictions. It argues that the Australian model, in terms of its pragmatic effectiveness, offers a highly successful model for regulatory structure and practice, serving as a significant reference for effective regulation.

At the same time, the introduction of this model raises profound questions about the historical development of the Australian experience and its implications for the relationship between citizens, the state, the judiciary, and the executive. It also raises broader questions about the protections afforded by rights discourse and jurisprudence in the context of undercover investigations.

To achieve its objectives, this book meticulously documents the law, policy, and practices that govern undercover investigations. It aims to provide a comprehensive account of the regulatory framework, highlighting the legal principles and guidelines that guide these operations. Additionally, the book delves into the fundamental questions linked to undercover investigations, such as the balance between law enforcement and individual privacy, the use of informants, and the ethical considerations involved in these practices.

By examining these issues in depth, this book seeks to contribute to the ongoing debate surrounding undercover investigations and their impact on society. It provides valuable insights for policymakers, law enforcement agencies, legal professionals, and citizens alike, as they navigate the complex terrain of regulating these sensitive activities.

Weight: 605g
Dimension: 235 x 155 (mm)
ISBN-13: 9789813363830
Edition number: 1st ed. 2021