Gratuitous concurrence and the role of the prosecutor: Presenting a fair and firm Crown case in the face of sociolinguistic challenges

About the webinar

ETHICS & PROFESSIONAL RESPONSIBILITY. PROFESSIONAL SKILLS.

CPD Points: 1.5

A unique challenge faced in the adversarial system is that the prosecution only ‘wins’ when justice is done. An agreeable witness may seem a blessing to those bringing the prosecution case. However, the presentation of a fair and firm criminal prosecution must be reconciled with three considerations: (1) the over-representation of Indigenous Australians in the criminal justice system; (2) the phenomenon of ‘gratuitous concurrence’ – the Indigenous Australian cultural practice of agreeing with direct questions to placate or appease the questioner; and (3) a prosecutor’s obligations to act fairly to the accused, act with integrity and be mindful of cultural sensitivities.

How are a prosecutor’s obligations discharged in the face of gratuitous concurrence? This presentation will give an overview of the prosecutor’s role as a minister of justice, and the ethical framework in which the Crown operates. It will discuss judicial authorities that have developed and considered the phenomenon of gratuitous concurrence. These decisions and their application will be contrasted with research and academic analyses. The synthesis of academia and common law will be considered in the work of justice stakeholder and law reform bodies, and what recommendations have been made, and are on foot. 

Presenter: Shannon Matchett

CPD accreditation

Information for lawyers and barristers

If this educational activity is relevant to your professional development and practice of the law, then you should claim 1.5 MCLE/CPD points per webinar or 12 units for the full series. Practitioners are advised to check with the CPD governing body in their jurisdiction for the most accurate and up-to-date information. Find out about interstate accreditation. 

Prerequisites

None

Delivery style

This is an online webinar. Once enrolled, you will be provided a link to the recording and can watch on demand.

Full series registration

CLICK HERE to register for the full series (8 webinars)

Further enquiries

• T +61 2 9351 0248
• E law.events@sydney.edu.au