Assessor Resource

DEFPL024
Provide support in criminal law matters

Assessment tool

Version 1.0
Issue Date: April 2024


This unit applies to individuals who provide services to support legal practitioners in criminal law matters, under supervision.

This unit covers the competency required to analyse information and to prepare documents in criminal law matters.

This unit includes researching case histories and assisting the instructing legal officer to prepare for criminal law matters and service discipline proceedings.

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)

Prerequisites

Not applicable.

Employability Skills

This unit contains employability skills.



Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Assessment must confirm the ability to:

analyse information

prepare documents in criminal law matters

research case histories

assist the instructing legal officer to prepare for trials and service discipline proceedings

The candidate must at all times comply with legislative requirements, policy and standards, and demonstrate an awareness of access, equity and diversity principles and practices.

Consistency in performance

Competency should be demonstrated in a range of actual or simulated workplace contexts.

Context of and specific resources for assessment

Context of assessment

Competency should be assessed in the workplace or in a simulated workplace environment.

Specific resources for assessment

Access is required to appropriate documentation and resources normally found in the work environment.

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

This describes the essential skills and knowledge and their level, required for this unit.

Required Skills

communicate ideas, arguments and conclusions logically

conduct research

follow complex legal procedures

follow written and oral instructions with regards to preparation of briefs

identify and evaluate status of information

prepare complex legal documents

prepare summaries of cases

use appropriate legal terminology

Required Knowledge

applicable legal practices and procedures required in the full range of tasks covered

criminal law matters and service discipline proceedings

Defence Force Discipline Act (DFDA) and related legislation

relationship between the different trials/tribunals

relevant legal process, legislation and sections, and stages involved in the legal process

relevant legal terminology

summary hearing/court/tribunal process

The Range Statement relates to the Unit of Competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording in the Performance Criteria is detailed below.

Instructions may include:

charge sheet

conduct record

documentary material, exhibits and evidence

oral or written correspondence, including from the command structure, commanding officer or an individual

record of evidence

record of prior convictions

summary of matter

witness statements

Criminal law may include:

DFDA which has jurisdiction over service personnel and incorporates the Commonwealth Crimes Act and Commonwealth Evidence Act

relevant state/territory criminal law including:

Common Law for NSW, Victoria and SA

Criminal Codes (Queensland, WA)

Criminal Code (Tasmania)

Crimes Act 1900 (ACT, NSW)

Crimes Act 1958 (Victoria)

Criminal Law Consolidation Act 1935 (SA)

Documents may include:

account

adjournment letters

affidavit court/tribunal forms

confirming/reporting letters to client outlining results of court/tribunal hearing

court/tribunal reminder letters

summons/orders

Legal practices and procedures may include:

engaging experts

equity

instructing legal officer supervisory procedures

practice notes

protocol for accommodating special client needs e.g. case manager, social worker, parole officer

protocol for contacting clients e.g. translator, interpreter

recording information

security/confidentiality/privacy procedures

verifying and authorising information

Trials and service discipline proceedings may include:

general courts martial

magistrates/local trials

restricted courts martial

summary hearings (subordinate, commanding officer, superior)

Relevant documents and exhibits may include:

artefacts

briefs

clinical reports

charge sheet (form)

conduct record (form)

defendant’s statement of claims

expert reports

further and better particulars

hospital discharge summaries

medical reports

photographs/videos

plaintiff’s statement of claims

pleading documents

service history

witness statements/affidavits

writ of summons

Trial/tribunal may include:

courts or tribunals

criminal jurisdictions

criminal matters such as:

assault

homicide

manslaughter

property offences (theft, larceny)

service discipline offences

sexual assault

defences such as:

automatism

denial

duress

ignorance of the law

insanity

intoxication

irresistible impulse

mistake of fact

necessity

self defence

superior orders

hearings such as:

defence force magistrate

general courts martial

restricted courts martial

summary (subordinate, commanding officer, superior)

Critical dates may include:

appointments

arrest conditions

meeting bail conditions

summary hearings/court/tribunal dates

Relevant details may include:

date

time

venue

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Instructions that require the provision of support in criminal law are received and acted upon 
Circumstances are analysed and discipline issues are interpreted and clearly defined 
Documents are identified, prepared and processed in accordance with legal practices and procedures 
Documents are despatched in accordance with legal practices and procedures 
Incoming documents are checked for completeness and timely delivery, and sender is contacted where insufficient information or deadlines are not honoured 
Requests for information are reviewed with instructing legal officer and identified documents are retrieved, copied and despatched in accordance with legal practices and procedures 
Files are reviewed and research requirements are determined in conjunction with instructing legal officer 
Relevant documents and exhibits are retrieved and processed 
Precedent and case law are retrieved, researched and reviewed, and summaries are made where appropriate 
Summaries are forwarded to instructing legal officer and explanations are presented where necessary 
Relevant trial/tribunal is identified and appropriate files are prepared 
Communications from client, police and other authorities and details of client’s charge and bail status are communicated to instructing legal officer 
File is discussed with instructing legal officer, and work is planned and diarised 
Availability of legal officers is canvassed and details are forwarded to instructing legal officer to facilitate engagement 
Opposing party’s legal representative is contacted on behalf of instructing legal officer and relevant information is exchanged 
Briefs for legal officers are prepared in conjunction with instructing legal officer and delivered 
Liaison and communication between instructing legal officer and other parties is facilitated 
Reminders of pending critical dates are forwarded to relevant persons 
Relevant trial/tribunal administrative instruction is prepared/processed 
Trial/tribunal participants are notified of relevant details 
Court/tribunal personnel are notified 
Post trial/tribunal, all documents are collected and archived as appropriate, outcomes are processed, accounts are prepared and relevant reviewing authority is notified 

Forms

Assessment Cover Sheet

DEFPL024 - Provide support in criminal law matters
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:

Assessment Record Sheet

DEFPL024 - Provide support in criminal law matters

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: