The power under s 135 of the Evidence Act 1995 to refuse to admit evidence on grounds of unfair prejudice relates to the prejudicial character of the evidence itself, not to the prejudicial consequences of evidence the opposing party may seek to adduce in response. A gross disparity between co-offenders' sentences arising from an unjustified entrapment discount to one co-offender may require reduction of the other's sentence on parity grounds, even where the latter's sentence is appropriate in isolation. A person who acts at the behest of a police informer, but is unaware of the police investigation, is not thereby an agent of the police for the purposes of entrapment analysis.
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