20th Annual IBA Transnational Crime Conference
17 May - 19 May 2017
Conducting the defence investigation: a comparison of law and practice
Thursday 18 May (1430 - 1600)
Criminal Law Committee
Criminal Law Section (Lead)
European Regional Forum (Lead)
This panel will discuss the different jurisprudential and practical approaches to conducting both pre and post charge defence investigations in the jurisdictions named above. It will explore the extent to which the laws of the various jurisdictions expressly or implicitly contemplate such investigations, whether and how such investigations are actually conducted in those jurisdictions and how the fruits of the investigation can be employed pre charge and at trial. The panel will also address issues relating to the retention of third parties such as investigators and forensic accountants to assist lawyers in their fact finding, as well as the legal issues implicated by those retentions, including privilege and ethical issues. Finally, the panel will address the strategic and tactical considerations in using facts developed in the course of a defence investigation, both in attempting to persuade prosecutors not to bring charges and the use of such facts at trial.