LCR4803
Assignment 2 Semester 1 2025
Detailed Solutions, References & Explanations
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
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Use this document as a guide for learning, comparison and reference purpose,
Terms of use
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By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
Assignment 2 Semester 1 2025
Detailed Solutions, References & Explanations
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
Terms of use
By making use of this document you agree to:
Use this document as a guide for learning, comparison and reference purpose,
Terms of use
Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
By making use of this document you agree to:
Use this document
Fully accept the consequences
solely as a guide forshould you plagiarise
learning, reference,or and
misuse this document.
comparison purposes,
Ensure originality of your own work, and fully accept the consequences should you plagiarise or misuse this document.
Comply with all relevant standards, guidelines, regulations, and legislation governing academic and written work.
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is" without any express or
implied representations or warranties. The author accepts no responsibility or liability for any actions taken based on the
information contained within this document. This document is intended solely for comparison, research, and reference purposes.
Reproduction, resale, or transmission of any part of this document, in any form or by any means, is strictly prohibited.
