ABSTRACT
This chapter considers the issues that arise in respect of an undercover officer's oral evidence will also be considered, specifically the use of public interest immunity and applications for suppression/non-publication orders to protect the police operative and/or the disclosure of confidential police methods. Undercover operatives can be used in any investigation and they are commonly deployed in particular types of investigations, such as for drug offences. The controlled operation is defined as an operation involving the participation of law enforcement officers for the purpose of obtaining evidence that may lead to the prosecution of a person for certain offences. Australian law has not developed to devise safeguards for when anonymous testimony can be used. The defence can cross-examine an undercover operative on confidential police methods is subject to the doctrine of public interest immunity. As to reform, it is concluded that the exclusion of undercover operatives from the requirement for the taping of admissions is justified.
