Assessor Resource

POLPRO002
Conduct pre-hearing mentions

Assessment tool

Version 1.0
Issue Date: March 2024


This unit describes the skills required to manage a brief for pre-hearing mentions, communicate with stakeholders, present a case and complete pre-hearing mention duties. This includes performing prosecution duties in a professional, ethical and accountable manner that ensures public confidence in the police.

This unit applies to police prosecutors undertaking pre-hearing mention duties including managing briefs and presenting in court.

The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to, particularly those related to court proceedings and prosecution guidelines.

Those undertaking this unit would generally work autonomously within a court/justice system environment but may be required to work under supervision at times. They will be required to perform complex tasks and demonstrate adaptability across a broad range of contexts.

No licensing, legislative or certification requirements apply to unit at the time of publication.

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



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.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Manage a brief for pre-hearing mention

1.1 Assess brief to ensure sufficiency of evidence.

1.2 Analyse evidence to determine that it substantiates elements of offences.

1.3 Evaluate brief to determine possible defences.

1.4 Analyse brief to identify adherence to legislation and precedent.

1.5 Identify deficiencies in the brief to determine remedial actions.

2. Communicate with stakeholders

2.1 Engage with stakeholders to resolve issues.

2.2 Negotiate with stakeholders to progress case.

2.3 Document actions undertaken on brief for recording purposes.

2.4 Provide assistance and advice to the court regarding the management of pre-hearing mentions.

3. Present a case

3.1 Present circumstances of the case for courts consideration.

3.2 Detail issues and concessions of the case.

3.3 Evaluate the need for applications and submissions in accordance with pre-hearing mention requirements.

3.4 Assess status of unresolved issues throughout proceedings to identify further actions required.

4. Complete pre-hearing mention duties

4.1 Analyse circumstances of the case to determine need for applications.

4.2 Submit applications to achieve desired outcome of prosecution.

4.3 Record issues and court outcomes for future reference.

4.4 Process briefs for administrative purposes.

4.5 Communicate with stakeholders to inform them of unresolved issues and outcomes.

4.6 Analyse conduct of prosecution case critically to identify areas for improvement.

4.7 Develop recommendations for continuous improvement purposes.

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.

managing and processing briefs and files for court purposes

communicating with stakeholders

presenting a case and tendering documents to the court

making persuasive and judicial submissions and applications to the court

developing recommendations for continuous improvement purposes

identifying gaps in briefs/evidence and undertaking remedial actions

recording actions and outcomes for future reference

analysing circumstances critically and develop strategies

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

current Commonwealth, national, state or territory legislation, jurisdictional policies and procedures which regulate the Rules of Evidence

jurisdictional information management systems and legal databases

sources of law

stakeholder roles and responsibilities

organisational policy and procedures

This unit contains no specific industry-mandated assessment conditions. Guidance on suggested and recommended conditions and methods can be found in the Implementation Guide.

Consideration must be given to holistic assessment for this unit. Refer to advice in the companion volumes.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.


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.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Manage a brief for pre-hearing mention

1.1 Assess brief to ensure sufficiency of evidence.

1.2 Analyse evidence to determine that it substantiates elements of offences.

1.3 Evaluate brief to determine possible defences.

1.4 Analyse brief to identify adherence to legislation and precedent.

1.5 Identify deficiencies in the brief to determine remedial actions.

2. Communicate with stakeholders

2.1 Engage with stakeholders to resolve issues.

2.2 Negotiate with stakeholders to progress case.

2.3 Document actions undertaken on brief for recording purposes.

2.4 Provide assistance and advice to the court regarding the management of pre-hearing mentions.

3. Present a case

3.1 Present circumstances of the case for courts consideration.

3.2 Detail issues and concessions of the case.

3.3 Evaluate the need for applications and submissions in accordance with pre-hearing mention requirements.

3.4 Assess status of unresolved issues throughout proceedings to identify further actions required.

4. Complete pre-hearing mention duties

4.1 Analyse circumstances of the case to determine need for applications.

4.2 Submit applications to achieve desired outcome of prosecution.

4.3 Record issues and court outcomes for future reference.

4.4 Process briefs for administrative purposes.

4.5 Communicate with stakeholders to inform them of unresolved issues and outcomes.

4.6 Analyse conduct of prosecution case critically to identify areas for improvement.

4.7 Develop recommendations for continuous improvement purposes.

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.

managing and processing briefs and files for court purposes

communicating with stakeholders

presenting a case and tendering documents to the court

making persuasive and judicial submissions and applications to the court

developing recommendations for continuous improvement purposes

identifying gaps in briefs/evidence and undertaking remedial actions

recording actions and outcomes for future reference

analysing circumstances critically and develop strategies

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

current Commonwealth, national, state or territory legislation, jurisdictional policies and procedures which regulate the Rules of Evidence

jurisdictional information management systems and legal databases

sources of law

stakeholder roles and responsibilities

organisational policy and procedures

This unit contains no specific industry-mandated assessment conditions. Guidance on suggested and recommended conditions and methods can be found in the Implementation Guide.

Consideration must be given to holistic assessment for this unit. Refer to advice in the companion volumes.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.

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
Assess brief to ensure sufficiency of evidence. 
Analyse evidence to determine that it substantiates elements of offences. 
Evaluate brief to determine possible defences. 
Analyse brief to identify adherence to legislation and precedent. 
Identify deficiencies in the brief to determine remedial actions. 
Engage with stakeholders to resolve issues. 
Negotiate with stakeholders to progress case. 
Document actions undertaken on brief for recording purposes. 
Provide assistance and advice to the court regarding the management of pre-hearing mentions. 
Present circumstances of the case for courts consideration. 
Detail issues and concessions of the case. 
Evaluate the need for applications and submissions in accordance with pre-hearing mention requirements. 
Assess status of unresolved issues throughout proceedings to identify further actions required. 
Analyse circumstances of the case to determine need for applications. 
Submit applications to achieve desired outcome of prosecution. 
Record issues and court outcomes for future reference. 
Process briefs for administrative purposes. 
Communicate with stakeholders to inform them of unresolved issues and outcomes. 
Analyse conduct of prosecution case critically to identify areas for improvement. 
Develop recommendations for continuous improvement purposes. 
Assess brief to ensure sufficiency of evidence. 
Analyse evidence to determine that it substantiates elements of offences. 
Evaluate brief to determine possible defences. 
Analyse brief to identify adherence to legislation and precedent. 
Identify deficiencies in the brief to determine remedial actions. 
Engage with stakeholders to resolve issues. 
Negotiate with stakeholders to progress case. 
Document actions undertaken on brief for recording purposes. 
Provide assistance and advice to the court regarding the management of pre-hearing mentions. 
Present circumstances of the case for courts consideration. 
Detail issues and concessions of the case. 
Evaluate the need for applications and submissions in accordance with pre-hearing mention requirements. 
Assess status of unresolved issues throughout proceedings to identify further actions required. 
Analyse circumstances of the case to determine need for applications. 
Submit applications to achieve desired outcome of prosecution. 
Record issues and court outcomes for future reference. 
Process briefs for administrative purposes. 
Communicate with stakeholders to inform them of unresolved issues and outcomes. 
Analyse conduct of prosecution case critically to identify areas for improvement. 
Develop recommendations for continuous improvement purposes. 

Forms

Assessment Cover Sheet

POLPRO002 - Conduct pre-hearing mentions
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I declare that the assessment tasks submitted for this unit are my own work.

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Result: Competent Not yet competent

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Assessment Record Sheet

POLPRO002 - Conduct pre-hearing mentions

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

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Signature:

Date:

Student signature:

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