Elements and Performance Criteria
- Prepare for the trial
- All information required for the trial is gathered, collated and confirmed as available for the duration of the trial.
- Further enquiries are initiated, if necessary, for the prosecution case.
- Witnesses' credibility and reliability are assessed prior to the trial.
- Witnesses are notified of trial dates.
- Witnesses are interviewed before trial and inducted in courtroom processes.
- Unfavourable witness information is disclosed, where appropriate.
- Pre-trial hearings or negotiations are arranged and conducted, if required
- Any alteration to charges is processed according to courtroom procedures and applicable law.
- Prosecution argument is prepared in advance.
- Undertake prosecution role in trial
- Opening address is effectively presented giving an overview of the prosecution case.
- Prosecution witness is examined and, if necessary, re-examined, and defence witness cross-examined, as required, to prove elements beyond reasonable doubt.
- Questions asked of witness are selected and sequenced to cover all elements and to clarify issues.
- Questions are worded in such a way as to minimise opportunity for defence to propose objections.
- Objections from defence are responded to during examination-in-chief of prosecution witness and during cross-examination of defence witness.
- Objections are proposed during defence cross-examination of prosecution witness and defence examination-in-chief.
- Argument is presented based on fact, law and evidence and in a manner that is decisive, composed and credible.
- The prosecution submissions are presented in such a way that strengthens the prosecution case, minimises the prosecution's weaknesses and minimises the strengths in the defence case.
- Witness support is provided during the trial.
- Advocacy technique is enhanced through effective public speaking and respect for courtroom etiquette.
- Complete post-trial administrative tasks