TLI4801
ASSIGNMENT 2
MEMORANDUM
2023
Answers
QUESTION 1
Question a
These principles apply with a few small adjustments to the relationship between
defense counsel and prosecutors, conferences with prosecutors take place at their
offices, not yours. In such a conference the investigating officer may have to be
present to fulfill a role similar to that of the instructing attorney. Three important rules
namely:
• Treat the investigating officer with the degree of courtesy and respect due to
his or her office.
• A legal practitioner has to remember that the investigating officer may be a
witness in the trial and ensure that what you say in his or her presence may
be used against the accused.
• The legal practitioner has to ensure that the discussion is 'off the record',
without prejudice.
Remember that the investigating officer may be a witness in the trial and ensure that
what you say in his or her presence may be used against the accused. Ensure that
the discussion is "off the record", without prejudice. Some disclosures simply cannot
be made "without prejudice".
Certain kinds of knowledge just cannot be ignored or forgotten. Even an otherwise
, clear statement could lead to a whole new line of investigation or defense. Put a
guard in front of your mouth in these meetings.
When a plea and sentence agreement is on the table, act with care. Do not make
false claims or statements and ensure you do not mislead the other side. Consider
ASSIGNMENT 2
MEMORANDUM
2023
Answers
QUESTION 1
Question a
These principles apply with a few small adjustments to the relationship between
defense counsel and prosecutors, conferences with prosecutors take place at their
offices, not yours. In such a conference the investigating officer may have to be
present to fulfill a role similar to that of the instructing attorney. Three important rules
namely:
• Treat the investigating officer with the degree of courtesy and respect due to
his or her office.
• A legal practitioner has to remember that the investigating officer may be a
witness in the trial and ensure that what you say in his or her presence may
be used against the accused.
• The legal practitioner has to ensure that the discussion is 'off the record',
without prejudice.
Remember that the investigating officer may be a witness in the trial and ensure that
what you say in his or her presence may be used against the accused. Ensure that
the discussion is "off the record", without prejudice. Some disclosures simply cannot
be made "without prejudice".
Certain kinds of knowledge just cannot be ignored or forgotten. Even an otherwise
, clear statement could lead to a whole new line of investigation or defense. Put a
guard in front of your mouth in these meetings.
When a plea and sentence agreement is on the table, act with care. Do not make
false claims or statements and ensure you do not mislead the other side. Consider
