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

Elements and Performance Criteria

1. Review evidence
   • Evaluate brief critically to determine applicable rules of evidence.
   • Evaluate witness testimony prior to the hearing to determine evidence to be presented.
   • Verify evidence is admissible and available for hearing.
   • Communicate with stakeholders prior to the hearing to evaluate issues.
2. Prepare case concepts
   • Develop case concept utilising the information contained in the brief of evidence.
   • Determine presentation of prosecution case in accordance with case concept.
   • Identify legal principles to support the case concept.
3. Present prosecution cases
   • Present preliminary information to commence hearing.
   • Call witnesses to provide evidence to court.
   • Elicit evidence in chief from witnesses to cover elements of the offences.
   • Tender exhibits to provide evidence to court.
   • Record evidence presented by cross-examined witnesses for reference purposes.
   • Evaluate evidence presented by cross-examined witnesses critically to determine necessity of re-examination and submissions.
   • Re-examine witnesses to clarify witness responses in cross-examination.
4. Examine defence witnesses
   • Record evidence provided by defence witnesses for reference purposes.
   • Evaluate witness evidence critically to develop cross examination strategy.
   • Cross-examine defence witnesses to test credibility of witness and reliability of evidence.
5. Make submissions and objections
   • Prepare submissions utilising relevant facts, legislation and case law.
   • Evaluate evidence and/or questions critically to determine relevance and admissibility.
   • Deliver submissions and objections throughout the hearing.
6. Finalise cases
   • Analyse circumstances of the case to determine need for applications.
   • Submit applications to obtain court orders.
   • Record issues and court outcomes for future reference.
   • Process briefs for administrative purposes.
   • Communicate with stakeholders to inform them of outcomes.
   • Analyse conduct of prosecution case critically to identify areas for improvement.
   • Develop recommendations to inform continuous improvement.
7. Review evidence
   • Evaluate brief critically to determine applicable rules of evidence.
   • Evaluate witness testimony prior to the hearing to determine evidence to be presented.
   • Verify evidence is admissible and available for hearing.
   • Communicate with stakeholders prior to the hearing to evaluate issues.
8. Prepare case concepts
   • Develop case concept utilising the information contained in the brief of evidence.
   • Determine presentation of prosecution case in accordance with case concept.
   • Identify legal principles to support the case concept.
9. Present prosecution cases
   • Present preliminary information to commence hearing.
   • Call witnesses to provide evidence to court.
   • Elicit evidence in chief from witnesses to cover elements of the offences.
   • Tender exhibits to provide evidence to court.
   • Record evidence presented by cross-examined witnesses for reference purposes.
   • Evaluate evidence presented by cross-examined witnesses critically to determine necessity of re-examination and submissions.
   • Re-examine witnesses to clarify witness responses in cross-examination.
10. Examine defence witnesses
    • Record evidence provided by defence witnesses for reference purposes.
    • Evaluate witness evidence critically to develop cross examination strategy.
    • Cross-examine defence witnesses to test credibility of witness and reliability of evidence.
11. Make submissions and objections
    • Prepare submissions utilising relevant facts, legislation and case law.
    • Evaluate evidence and/or questions critically to determine relevance and admissibility.
    • Deliver submissions and objections throughout the hearing.
12. Finalise cases
    • Analyse circumstances of the case to determine need for applications.
    • Submit applications to obtain court orders.
    • Record issues and court outcomes for future reference.
    • Process briefs for administrative purposes.
    • Communicate with stakeholders to inform them of outcomes.
    • Analyse conduct of prosecution case critically to identify areas for improvement.
    • Develop recommendations to inform continuous improvement.

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.

reviewing, analysing and managing briefs and evidence

ensuring completeness of briefs and evidence prior to hearings

communicating with stakeholders

developing strategies to build argument, including sequencing and targeting of information

identifying relevant law and legal precedent

detailing and presenting case for the prosecution

presenting evidence to the court

examining evidence and witnesses

preparing and delivering persuasive and judicial submissions

making objections when appropriate

recording actions and outcomes for future reference

analysing court outcomes to inform future recommendations

developing recommendations for continuous improvement

completing administrative tasks associated with finalising briefs

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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.

current sentencing practices and principles

legislation relating to sentencing

cross examination of hostile/unfavourable and defence witnesses

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