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Elements and Performance Criteria

Prepare prosecution case
Prosecute the accused
Deal with post-trial requirements
- Post-trial documentation is completed in accordance with organisational policies
- Documentation is forwarded to appropriate authority for concurrence and signature

Required Skills

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

Required Skills

communicate effectively in writing

communicate effectively orally question conduct briefings respond to questioning listen reflect

interpret charges

interpret relevant Australian Defence Force ADF policies

locate relevant information in relevant references

manage work effectively

make sound judgements

undertake research

Required Knowledge

ADF publications

charges and their proofs

Defence Force Discipline Rules consequences of punishment

Defence Instructions General Personnel

Summary Authority Rules

Evidence Required

The evidence guide provides advice on assessment and must be read in conjunction with the Performance Criteria Required Skills and Knowledge the Range Statement and the Assessment Guidelines for this Training Package

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

Assessment must confirm the ability to

present a case in accordance with Australian Defence Force policy and procedures

Consistency in performance

Competency should be demonstrated in a range of situations that could be expected in the workplace

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

There are no specific resource requirements for this unit

Method of assessment

In a public safety environment assessment is usually conducted via direct observation in a training environment or in the workplace via subject matter supervision andor mentoring which is typically recorded in a competency workbook

Assessment is completed using appropriately qualified assessors who select the most appropriate method of assessment

Assessment may occur in an operational environment or in an industryapproved simulated work environment Forms of assessment that are typically used include

direct observation

interviewing the candidate

journals and workplace documentation

third party reports from supervisors

written or oral questions

Range Statement


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.
Pre-trial documentation may include	Charge Sheet and Action Report Form Conduct record Investigating officer's reports Medical and other specialist reports Pre-sentence report Statement of agreed facts Statutory declarations Witness statements
Organisational policies may include	ADF publications Defence Force Discipline Rules (consequences of punishment) Defence Instructions (General) - Personnel Summary Authority Rules
Developing the prosecution case may include	Admissibility of evidence Anticipating defences Anticipating objections Examining charges Judging the weight of evidence against each element of a charge Obtaining evidence legally: obtaining statements under a caution determining which evidence forms a proof, or part, for elements of the charge confirming that all elements have facts that sufficiently prove the offence to have good prospects for a conviction Preparing applications Preparing opening and closing remarks Preparing questions for examination, cross-examination and re-examination Preparing submission on sentence Preparing witnesses: selecting witnesses to be called and in what order informing witnesses of rights and obligations, penalties for false evidence briefing witnesses concerning procedures Reviewing evidence relevant to the offence
Presenting the prosecution case may include	Disproving defences Giving opening and closing remarks Handling objections Making applications: different commanding officer separate trial for each offence when charged with a number of offences separate trial for the member if charged with co-accused for legal representation any other reason Making submission concerning the sentence
Examinations may include	Examination-in-chief Cross-examination Re-examination
Post-trial documentation may include	Charge Sheet and Action Report Form Conduct record Record of evidence