Assessor Resource

SFICOMP407C
Undertake prosecution procedures for magistrate's court

Assessment tool

Version 1.0
Issue Date: May 2024


Fisheries compliance officers in some states and territories may not undertake prosecution duties.

This unit of competency involves carrying out preliminary prosecution work up to the stage of a plea being entered. It includes adjudicating a brief to determine if charges are to be laid, attending magistrate's court and completing all associated administrative tasks.

No licensing, legislative, regulatory or certification requirements apply to this 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)

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.

The evidence guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

Critical aspects for assessment evidence required to demonstrate competence in this unit

Assessment must confirm ability to:

adjudicate a brief and prosecute in general court.

Assessment must confirm knowledge of:

courtroom procedures

applicable law, office policies and procedures.

Context of and specific resources for assessment

Assessment is to be conducted at the workplace or in a simulated work environment.

Resources may include:

brief (completed)

courtroom procedures

legal and internal documentation

mock general court

office policies and procedures.

Method of assessment

The following assessment methods are suggested:

questions

demonstration of courtroom skills.

Guidance information for assessment

This unit may be assessed holistically with other units within a qualification.

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.

Required skills

following courtroom procedures

presenting allegations from the prosecution brief to the court

researching law relevant to the case

researching prior convictions and current bonds as pertaining to charged offender.

Literacy skills used for:

accurately completing legal forms and courtroom documents

reading and interpreting briefs and legal information

researching.

Numeracy skills used for:

calculating additional penalties.

Required knowledge

courtroom etiquette

courtroom procedures:

estreating bonds

negotiating in pre-trial hearings

to oppose or support bail

to oppose, support or request adjournment

office procedures:

addressing the bench

adjudicating of briefs

completing and serving summonses

preparing applications

responding to questions from the bench and other parties

prosecuting authority's policies on adjudication of briefs.

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, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Adjudicate means to:

determine whether an offence has been committed, and if so, what charges will be laid. Adjudication may be the responsibility of a prosecution unit within the compliance agency, or it may be the responsibility of the Crown.

Documentation includes both:

where charge is to be laid:

legal document (complaint and summons) prepared, signed by relevant authority and forwarded to appropriate section to be served on the alleged offender

where no charge is laid:

an internal document is completed and filed in accordance with policy.

Accurately completed includes:

correct at law

free of clerical error.

Available relevant information may include:

adjournment applications

applications for court orders

bail applications

estreated bonds

guilty pleas

pre-trial hearings

prior convictions

prosecuting allegations.

Matters may include:

any necessary enquiries are conducted

clearing exhibits

completing documentation/reports as required

instituting appeal proceedings

notifying appropriate parties of magistrate's court outcomes.

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
Brief is assessed to ensure it contains all required documentation relevant to the alleged offence. 
A decision is made based on available facts, the law, within the limitations of time, and in accordance with the prosecuting authority's policies. 
Documentation is accurately completed and forwarded. 
Enquiries are made into the existence of bonds applying to the charged offender and, if necessary, a decision made on estreatment. 
Defence applications and submissions are responded to, as appropriate. 
Prosecution submissions are presented fluently, concisely and as appropriate. 
The allegations from the prosecution brief are presented fluently and concisely where a guilty plea has been entered. 
All available relevant information and admissible evidence is presented. 
Questions from the bench are responded to with available information. 
Courtroom conduct and dress is in accordance with accepted court etiquette. 
File endorsements are completed accurately and in a timely manner. 
Matters arising from the general court attendance are followed up. 

Forms

Assessment Cover Sheet

SFICOMP407C - Undertake prosecution procedures for magistrate's court
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

SFICOMP407C - Undertake prosecution procedures for magistrate's court

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: