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1 December 2011

NSW Ombudsman 2010-2011 Controlled Operations Annual Report

The Ombudsman today reported high levels of compliance following inspections of records of controlled operations authorised by law enforcement agencies in NSW in the last financial year.

Controlled operations involve law enforcement officers or authorised civilians infiltrating criminal enterprises to gather necessary evidence to arrest or prosecute offenders. This invariably requires the participants to also commit offences. Most operations are targeted at drug trafficking and usually require participants to buy and possess drugs. Unless the operations are authorised, the participants would be open to prosecution for these illegal acts and the evidence gathered would be open to challenge during subsequent prosecutions. Authorisation under the Law Enforcement (Controlled Operations) Act 1997 makes these operations legal.

The Ombudsman Bruce Barbour said: ‘We monitor and inspect the records of the NSW Police Force, the Crime Commission, the Independent Commission Against Corruption, and the Police Integrity Commission to ensure that controlled operations are conducted in compliance with the law and are fully accountable.’

During the 2010-2011 financial year 287 controlled operations were authorised and 127 completed. The completed controlled operations involved 177 law enforcement officers and 73 civilians.

NSW Police were the largest users of controlled operations with controlled activities (e.g. the purchase of prohibited drugs) conducted in 86% of the authorised operations. In total 56% of these operations resulted in arrests and charges.

The majority (72%) of controlled operations were targeted toward drug offences with 15% targeted toward firearms, robbery and property offences.

The NSW Crime Commission completed five controlled operations (down from 16 in the previous year) and the Police Integrity Commission four during the reporting period.

Mr Barbour commented: ‘During our inspections of records related to controlled operations we found no serious or significant issues’.

Law Enforcement (Controlled Operations) Act 1997 Annual Report 2010-2011

 

 

 

 

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