It’s Been a Privilege: Self-incrimination (“s128 advice”) and the Compellability of Spouses, Partners, Parents and Children (“s18 advice”)

Thursday, 9 June 2022

The New South Wales Bar Association’s Criminal Law Committee and Legal Assistance Referral Scheme (**LARS**) staff are proud to host a webinar on **Thursday, 9 June 2022 at 5.15pm** on the privilege against self-incrimination and the compellability of spouses and other family members in practice.
 
Barristers may be called upon at short notice to advise on the risk of self-incrimination and on the compellability of witnesses who are the husbands, wives, de facto partners, parents or children of a defendant, particularly when providing pro bono assistance through LARS or under the Duty Barrister Scheme
 
Speakers Richard J Wilson SC of Public Defenders Chambers, Brett Hatfield of the Crown Prosecutors Chambers and Kellie Stares of Sir Owen Dixon Chambers will provide an overview of ss 18 and 128 of the Evidence Act 1995 (NSW)/(Cth) and associated provisions, views on the circumstances in which testimonial privilege and compellability issues may arise and guidance on when Crown Prosecutors seek to obtain legal representation for witnesses from independent/duty barristers.   The Panel will also discuss how to approach advising and representing witnesses where privilege or compellability is in question and the ethical and professional conduct issues raised when assisting witnesses in criminal proceedings.
 
The Panel will be joined by Katie Green of LARS who will give valuable information about record-keeping, conflicts of interest and reporting obligations to LARS staff when assisting witnesses under the Association’s pro bono scheme.
 
This webinar is highly recommended for barristers involved in the Duty Barrister Scheme, as well as those practising in Criminal Law.