Assignment 2 Semester 1 2025
Unique Number:
Due Date: April 2025
QUESTION 1
a.
Section 205 of the Criminal Procedure Act provides a statutory mechanism by which the
State can compel individuals with knowledge of an offence or a suspected offence to
provide information in criminal proceedings. The process involves the Director of Public
Prosecutions (DPP) or the State Prosecutor requesting a judicial officer to issue a
subpoena compelling the witness to testify or disclose information. If the subpoenaed
individual fails to comply without a “just excuse,” they may be held in contempt of court and
sentenced to imprisonment.
For journalists, this provision creates a tension between legal obligations and ethical duties
to protect their sources. While journalists argue that confidentiality is fundamental to press
freedom, courts have generally ruled that journalistic ethics do not constitute a just excuse
under Section 205 unless protected by law.
DISCLAIMER & TERMS OF USE
Educational Aid: These study notes are intended to be used as educational resources and should not be seen as a
replacement for individual research, critical analysis, or professional consultation. Students are encouraged to perform
their own research and seek advice from their instructors or academic advisors for specific assignment guidelines.
Personal Responsibility: While every effort has been made to ensure the accuracy and reliability of the information in
these study notes, the seller does not guarantee the completeness or correctness of all content. The buyer is
responsible for verifying the accuracy of the information and exercising their own judgment when applying it to their
assignments.
Academic Integrity: It is essential for students to maintain academic integrity and follow their institution's policies
regarding plagiarism, citation, and referencing. These study notes should be used as learning tools and sources of
inspiration. Any direct reproduction of the content without proper citation and acknowledgment may be considered
academic misconduct.
Limited Liability: The seller shall not be liable for any direct or indirect damages, losses, or consequences arising from
the use of these notes. This includes, but is not limited to, poor academic performance, penalties, or any other negative
consequences resulting from the application or misuse of the information provided.