Police (Special Investigative and Other Powers) Act 2015
23Effect of being unaware of variation or cancellation of
Start here
Get a plain-English read of 23
Turn the raw legal text into a practical explanation grounded in Police (Special Investigative and Other Powers) Act 2015.
23 Effect of being unaware of variation or cancellation of authority (1) If an authority for a controlled operation is varied in a way that limits its scope, this Division continues to apply to a participant in the operation as if the authority had not been so varied to the extent to which the participant: (a) is unaware of the variation; and (b) is not reckless about the existence of the variation.
Police (Special Investigative and Other Powers) Act 2015 20 (2) If an authority for a controlled operation is cancelled, this Division continues to apply to a participant in the operation as if the authority had not been cancelled to the extent to which the participant: (a) is unaware of the cancellation; and (b) is not reckless about the existence of the cancellation. (3) For this section, a person is reckless about the existence of the variation or cancellation of an authority if: (a) the person is aware of a substantial risk that the variation or cancellation has happened; and (b) having regard to the circumstances known to the person, it is unjustifiable to take the risk.