Member

A defence-based model of criminal conduct authorisation, as proposed by Amendment 470, would introduce greater oversight into covert criminal activities while allowing public authorities to continue with necessary undercover work. CHISs will be able to use the authorisation that they received as a defence to criminal charges. There are multiple advantages over the current immunity-based system. Under the defence-based model, public authorities would retain their current ability to authorise criminal conduct in the circumstances specified, so it does not in any way limit the authorisation of CHISs. Under the current model, no judge or prosecutor ever examines such cases, given that CCA-related conduct is rendered lawful for all purposes. That means that they do not benefit from as much scrutiny as they should.