Unit of Competency Mapping – Information for Teachers/Assessors – Information for Learners

POLPRO005 Mapping and Delivery Guide
Conduct hearings

Version 1.0
Issue Date: April 2024


Qualification -
Unit of Competency POLPRO005 - Conduct hearings
Description
Employability Skills
Learning Outcomes and Application This unit describes the skills required to review evidence, prepare a case concept, present a prosecution case, examine defence witnesses, make submissions and objections, and finalise a case. It includes performing prosecution duties in a professional, ethical and accountable manner that ensures public confidence in the police. It also includes reviewing evidence relating to the case and participating in court proceedings.This unit applies to police prosecutors participating in court hearings.The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to, particularly those related to codes of ethics, codes of conduct, court proceedings and prosecution guidelines.Those undertaking this unit would generally work autonomously within a court/justice system environment. They will be required to perform sophisticated tasks and demonstrate adaptability across a broad range of contexts. No licensing, legislative or certification requirements apply to unit at the time of publication.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.

This unit contains no specific industry-mandated assessment conditions. Guidance on suggested and recommended conditions and methods can be found in the Implementation Guide.

Consideration must be given to practical assessment for this unit. Refer to advice in the companion volumes.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.
Prerequisites/co-requisites
Competency Field Prosecution
Development and validation strategy and guide for assessors and learners Student Learning Resources Handouts
Activities 		Slides
PPT 		Assessment 1 Assessment 2 Assessment 3 Assessment 4
Elements of Competency Performance Criteria              
Element: 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.
       
Element: 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.
       
Element: 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.
       
Element: 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.
       
Element: 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.
       
Element: 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.
       
Element: 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.
       
Element: 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.
       
Element: 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.
       
Element: 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.
       
Element: 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.
       
Element: 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.
       


Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Review evidence

1.1 Evaluate brief critically to determine applicable rules of evidence.

1.2 Evaluate witness testimony prior to the hearing to determine evidence to be presented.

1.3 Verify evidence is admissible and available for hearing.

1.4 Communicate with stakeholders prior to the hearing to evaluate issues.

2. Prepare case concepts

2.1 Develop case concept utilising the information contained in the brief of evidence.

2.2 Determine presentation of prosecution case in accordance with case concept.

2.3 Identify legal principles to support the case concept.

3. Present prosecution cases

3.1 Present preliminary information to commence hearing.

3.2 Call witnesses to provide evidence to court.

3.3 Elicit evidence in chief from witnesses to cover elements of the offences.

3.4 Tender exhibits to provide evidence to court.

3.5 Record evidence presented by cross-examined witnesses for reference purposes.

3.6 Evaluate evidence presented by cross-examined witnesses critically to determine necessity of re-examination and submissions.

3.7 Re-examine witnesses to clarify witness responses in cross-examination.

4. Examine defence witnesses

4.1 Record evidence provided by defence witnesses for reference purposes.

4.2 Evaluate witness evidence critically to develop cross examination strategy.

4.3 Cross-examine defence witnesses to test credibility of witness and reliability of evidence.

5. Make submissions and objections

5.1 Prepare submissions utilising relevant facts, legislation and case law.

5.2 Evaluate evidence and/or questions critically to determine relevance and admissibility.

5.3 Deliver submissions and objections throughout the hearing.

6. Finalise cases

6.1 Analyse circumstances of the case to determine need for applications.

6.2 Submit applications to obtain court orders.

6.3 Record issues and court outcomes for future reference.

6.4 Process briefs for administrative purposes.

6.5 Communicate with stakeholders to inform them of outcomes.

6.6 Analyse conduct of prosecution case critically to identify areas for improvement.

6.7 Develop recommendations to inform continuous improvement.

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

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

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assignment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Review evidence

1.1 Evaluate brief critically to determine applicable rules of evidence.

1.2 Evaluate witness testimony prior to the hearing to determine evidence to be presented.

1.3 Verify evidence is admissible and available for hearing.

1.4 Communicate with stakeholders prior to the hearing to evaluate issues.

2. Prepare case concepts

2.1 Develop case concept utilising the information contained in the brief of evidence.

2.2 Determine presentation of prosecution case in accordance with case concept.

2.3 Identify legal principles to support the case concept.

3. Present prosecution cases

3.1 Present preliminary information to commence hearing.

3.2 Call witnesses to provide evidence to court.

3.3 Elicit evidence in chief from witnesses to cover elements of the offences.

3.4 Tender exhibits to provide evidence to court.

3.5 Record evidence presented by cross-examined witnesses for reference purposes.

3.6 Evaluate evidence presented by cross-examined witnesses critically to determine necessity of re-examination and submissions.

3.7 Re-examine witnesses to clarify witness responses in cross-examination.

4. Examine defence witnesses

4.1 Record evidence provided by defence witnesses for reference purposes.

4.2 Evaluate witness evidence critically to develop cross examination strategy.

4.3 Cross-examine defence witnesses to test credibility of witness and reliability of evidence.

5. Make submissions and objections

5.1 Prepare submissions utilising relevant facts, legislation and case law.

5.2 Evaluate evidence and/or questions critically to determine relevance and admissibility.

5.3 Deliver submissions and objections throughout the hearing.

6. Finalise cases

6.1 Analyse circumstances of the case to determine need for applications.

6.2 Submit applications to obtain court orders.

6.3 Record issues and court outcomes for future reference.

6.4 Process briefs for administrative purposes.

6.5 Communicate with stakeholders to inform them of outcomes.

6.6 Analyse conduct of prosecution case critically to identify areas for improvement.

6.7 Develop recommendations to inform continuous improvement.

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 

Forms

Assessment Cover Sheet

POLPRO005 - Conduct hearings
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

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Assessor name:

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Date:

Assessment Record Sheet

POLPRO005 - Conduct hearings

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: