19 |
Informers |
| |
|
| 19.1 |
An informer is a person (not being a victim in the matter) who: |
| |
|
| |
(1) |
has given assistance to police or investigators as a consequence of knowledge that has come into his or her possession through direct personal contact with an offender; and |
| |
(2) |
is a co-offender, prisoner, civilian undercover operative, or a person bargaining such knowledge for the advantage of himself or herself or another person. |
| |
|
| 19.2 |
In every case when an informer is potentially a witness a decision must first be made whether or not an informer should be called at all: |
| |
|
| |
(1) |
if it is contemplated that an informer be called as a witness, written approval should be first sought from the Director’s Chambers; and |
| |
(2) |
in the case of a prison informer (a prisoner or former prisoner who provides evidence of an admission made by a fellow prisoner), the approval of the Director or Deputy Director must be obtained. |
| |
|
| 19.3 |
As far as is possible, care must be taken by a prosecutor to ensure that the tribunal of fact is aware of all matters that would assist the proper evaluation of the evidence of an informer. Independent evidence that supports the account given by the informer or other independent evidence proving guilt should be identified (and some independent evidence of the making of an admission will generally be required in the case of a prison informer). |
| |
|
| 19.4 |
The defence should be informed in advance of the trial of: |
| |
|
| |
(1) |
the informer’s criminal record; |
| |
(2) |
whether or not the Police or Corrective Services Department has any information which might assist in evaluating the informer’s credibility, particularly as to: |
| |
|
| |
|
(a) |
motivation, |
| |
|
(b) |
previous animosity against offender, |
| |
|
(c) |
favourable/different treatment by Corrective Services, |
| |
|
(d) |
mental health/reliability, |
| |
|
(e) |
the extent to which public officers have given evidence or written reports on behalf of the informer (for example to Parole Board); |
| |
|
| |
(3) |
whether any monetary or other benefit has been claimed, offered or provided; |
| |
(4) |
whether the informer was in custody at the time of giving assistance; |
| |
(5) |
whether an immunity has been granted or requested; |
| |
(6) |
whether any discount on sentence has been given for assistance in the matter; and |
| |
(7) |
other current or former criminal proceedings in which the informer has given evidence or is proposed to give evidence. |
| |
|
| 19.5 |
Public interest immunity may prevent the disclosure of the identity of an informer or may prevent disclosure of some or more of the matters outlined in paragraph 19.5 above - Guideline 8: Disclosure. Accordingly, before material is disclosed concerning an informer, the police officer-in-charge must first be consulted. Where immunity is claimed, the outcome of the claim will determine what is disclosed. Where there is a dispute between the officer-in-charge and the prosecutor concerning disclosure, the matter is to be referred to the Director’s Chambers. |
| |
|
| 19.6 |
Where an informer is an offender and is subject to proceedings for plea, sentence or appeal on sentence any significant assistance provided to law enforcement agencies is to be brought to the attention of the court. It is preferable that, where an informer has been charged and indicated an intention to plead guilty, he/she be sentenced prior to giving evidence against the offender. An informer who pleads and agrees to co-operate in the prosecution of another is entitled to receive a consequential reduction in the sentence that would otherwise have been appropriate. The prosecutor should obtain a signed statement from the informer and that statement should set out what evidence the informer will provide. The prosecutor should disclose to the court that such a statement has been provided and indicate the level of assistance provided by the informer to either the prosecutor or the police. Prosecutors should be aware of the provisions of sections 24 and 25 Misuse of Drugs Act. |
| |
|
| 19.7 |
Where the assistance is provided in respect of matters unrelated to the informer’s proceedings, a letter outlining the assistance provided must be obtained from the police officer-in-charge and it is to be co-signed by the officer-in-charge’s supervising officer. Advice must be sought from the officer-in-charge as to the level of sensitivity attached to the material contained in the letter of assistance. If the material is considered sensitive then the original letter may be produced to the court with a request that it be kept in a sealed envelope on the court file and that the contents not be disclosed without prior court order. Copies should not be provided to the defence or retained on the office file. There should be a clear file note indicating that the letter was tendered, noting the date and signatories on the letter. |
