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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

Conduct summary trials
Complete post-trial requirements
- Post-trial procedures are conducted in accordance with organisational policies
- Post-trial documentation is completed, processed and stored in accordance with organisational policies

Required Skills

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

Required Skills

communicate effectively in writing eg completing posttrial documentation

communicate effectively orally question conduct briefings respond to questioning listen reflect

conduct interviews

decide the admissibility of evidence

decide the guilt of an accused considering the evidence

display empathy and build rapport with colleagues and stakeholders

follow procedures

interpret body language

interpret relevant Australian Defence Force ADF policies

lead individuals and groups where required

manage work effectively

make sound judgements

select a punishment for the convicted considering the circumstances and law

undertake research

Required Knowledge

charges and their proofs

disqualification

evidence applying the Summary Authority Principles of Evidence probative value weighing the evidence all proofs must be proven beyond reasonable doubt AND have no viable defence in order to find guilty and convict

pleas in mitigation

records as required

relevant references for locating relevant information such as

ADF publications

Defence Force Discipline Consequences of Punishment Rules

Defence Instructions

Discipline Law Manual

Summary Authority Rules

reviewspetitions

search warrants

who can issue summonses commanding officers can issue a summons after first approach is requested and then ordering attendance subordinate summary authority SUBSA officers do not issue summonses

who can issue warrants commanding officers can issue a warrant SUBSAs do not issue warrants

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

provide advice that is relevant and appropriate to the circumstances

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.
Organisational policies may include	ADF publications Defence Force Discipline Rules (consequences of punishment) Defence Instructions Summary Authority Rules
Determining the jurisdiction may include	Deciding to try the charge Hearing commencing within three months of charging Hearing within the three month limit Location of offence Not proceeding with a charge/s due to lack of evidence Preferring the charge within time limits Rank of accused and rank difference being within limits of jurisdiction Referring the charge to a higher authority, such as the Director of Military Prosecutions (DMP) due to: complexity severity it being a prescribed offence it being outside of jurisdiction punishment sought is greater than available to the summary authority Referring the charge to another summary authority, bias, familiarity with case, conflict of interest, etc. Summary authority not being disqualified due to being involved in issuing warrants, the investigation or charging the accused, or otherwise indicating a desire to charge the member Type of offence
Applications and objections may include	Accused or prosecuting officer requesting an adjournment Witness before a summary authority giving evidence by audiovisual link or audio link Application for an adjournment, before pleading, on the ground that the accused has not had an adequate opportunity to prepare his/her defence Objection to the recorder or summary authority due to bias Application before pleading by co-accused to be dealt with or tried in separate proceedings Application before pleading by accused to have multiple charges heard in separate proceedings Objection to a charge before pleading by accused on any ground, such as: accused has been previously convicted or acquitted of the charge or a service tribunal has already taken it into consideration in sentencing time limits for charging and/or trying accused have been contravened charge does not disclose a service offence or is otherwise wrong in law summary authority does not have jurisdiction to try the charge or is disqualified by involvement in the investigation or charging of the offence
Conducting trial proceedings may include	Adjournment of proceedings Handling applications and objections Hearing pleas Implementing appropriate procedures (A/B/C/D) Managing trial personnel Offering election by trial by CM/DFM for Schedule 1A offences, because of the seriousness of the offence (if proven) Offering upfront election by trial by court martial (CM) /Defence Force Magistrate (DFM) Substituting a plea of not guilty for a plea of guilty when it appears that the accused does not understand the effect of the guilty plea
Evidence requirements may include	Applying principles of evidence (such as relevance, reliability, weight, probative value) Determining the admissibility of evidence Managing examination, cross-examination and re-examination
Trial documentation may include	Charge Sheet and Action Report Form Investigating officer's reports Medical and other specialist reports Pre-sentence report Statutory declarations Witness statements
Clarification may include	Advice from a legal officer: during the proceedings by conference call during a pause Advice from consulting manuals, instructions and other references Asking questions of accused Asking questions of witnesses
Plea/s may include	Guilty Not Guilty Silence by the accused (defaults to not guilty)
Determination includes	Summary authority using personal judgement to determine that accused understands the ramifications of the plea
Imposing a punishment may include	Considering the D5 of the convicted Considering the effect upon unit discipline Considering the scale of punishments Hearing pleas in mitigation Reviewing the conduct record of the convicted
Post-trial procedures may include	Grounds for review Informing the convicted member of the outcomes of the review Petitions to the chain of command concerning conviction, punishment or an order imposed by a summary authority Suspending execution of punishment by reviewing authority (RA) when convicted member petitions (at the RA's discretion) And must be lodged in writing within timeframes (thirty days from notice)
Post-trial documentation includes	Trial transcript Updating organisational databases