HM Advocate v IP

Criminal law – Entrapment. High Court of Justiciary: Refusing a Crown appeal against a sheriff's decision sustaining a plea in bar of trial based on the entrapment of the respondent, who was charged with engaging in online conversations and related conduct for the purpose of engaging in sexual activity with a child, the court rejected contentions that the sheriff had erred in holding that the police did not have reasonable suspicion that the respondent was about to commit a crime such as that libelled, that he had no predisposition to engage in the conduct libelled, and that the actings of the police were designed to lure him into activity he would not otherwise have undertaken: the court was satisfied that the sheriff was entitled to strike the balance which he did in determining that what might be a relatively fine line had been crossed.

Category: