Google Links

Follow the links below to find material targeted to the unit's elements, performance criteria, required skills and knowledge

Elements and Performance Criteria

1. Apply legislation for policing purposes
   • Identify sources of legislation for use within policing.
   • Demonstrate the connection between legislation and police powers.
   • Categorise legislation according to fitness for purpose.
   • Apply the Rules of Evidence to the delivery of policing services.
   • Differentiate between categories of offences/crimes in terms of their respective elements.
2. Apply legislation related to offences
   • Assess incident/situation to establish whether an offence has been committed.
   • Identify relevant sections of legislation applicable to incident/situation to inform policing response.
   • Identify potential evidence of offences for charging purposes.
3. Apply legislative powers and cautions
   • Identify legislative sources of police powers to inform policing responses.
   • Identify factors that may impact on policing response.
   • Exercise police powers in accordance with jurisdictional policies and procedures.
   • Deliver relevant cautions and rights in line with police powers, jurisdictional requirements and case law.
4. Prepare judicial documents
   • Assess and document proof of evidence.
   • Review judicial documents for compliance purposes.
   • Develop briefs of evidence in accordance with the Rules of Evidence.
5. Prepare and work with persons involved in judicial process
   • Determine roles and responsibilities of persons identified to be involved in the judicial process.
   • Prepare persons for their involvement in the judicial processes.
   • Adhere to the timeframes and governance structures of judicial documents.
   • Monitor transport, accommodation and security requirements to facilitate court appearances.
   • Identify liaison, care/custody, support and referral requirements of persons involved in the judicial process.
6. Undertake court procedures
   • Dispose of property and exhibits in accordance with legislation and jurisdictional requirements.
   • Inform relevant parties of court results.
7. Apply legislation for policing purposes
   • Identify sources of legislation for use within policing.
   • Demonstrate the connection between legislation and police powers.
   • Categorise legislation according to fitness for purpose.
   • Apply the Rules of Evidence to the delivery of policing services.
   • Differentiate between categories of offences/crimes in terms of their respective elements.
8. Apply legislation related to offences
   • Assess incident/situation to establish whether an offence has been committed.
   • Identify relevant sections of legislation applicable to incident/situation to inform policing response.
   • Identify potential evidence of offences for charging purposes.
9. Apply legislative powers and cautions
   • Identify legislative sources of police powers to inform policing responses.
   • Identify factors that may impact on policing response.
   • Exercise police powers in accordance with jurisdictional policies and procedures.
   • Deliver relevant cautions and rights in line with police powers, jurisdictional requirements and case law.
10. Prepare judicial documents
    • Assess and document proof of evidence.
    • Review judicial documents for compliance purposes.
    • Develop briefs of evidence in accordance with the Rules of Evidence.
11. Prepare and work with persons involved in judicial process
    • Determine roles and responsibilities of persons identified to be involved in the judicial process.
    • Prepare persons for their involvement in the judicial processes.
    • Adhere to the timeframes and governance structures of judicial documents.
    • Monitor transport, accommodation and security requirements to facilitate court appearances.
    • Identify liaison, care/custody, support and referral requirements of persons involved in the judicial process.
12. Undertake court procedures
    • Dispose of property and exhibits in accordance with legislation and jurisdictional requirements.
    • Inform relevant parties of court results.

Performance Evidence

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.

identifying sources of legislation which relate to policing

applying legislation to scenarios to inform the use of police powers

enforcing common law principles and current legislation

establishing whether an offence has been committed, relevant and sufficient evidence has been gathered, and suspects have been charged with the correct offence

communicating with stakeholders as part of policing responses and judicial processes

developing briefs of evidence which comply with judicial policies and current legislation

facilitating court processes by providing services to witnesses/victims/offenders

describing the Rules of Evidence

---

Knowledge Evidence

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.

hierarchy of Australian court system in relation to police processes

current Commonwealth, national, state or territory legislation which outlines powers and responsibilities applicable to policing

offences and the elements which constitute such offences

Rules of Evidence

current and relevant care law and legal precedents, as determined by police jurisdictions

capabilities, powers and authorities of services external to policing

court and bail procedures and processes

professional standards

---