CPPSEC3124
Prepare and present evidence in court


Application

This unit specifies the skills and knowledge required to prepare and present evidence in court.

It requires

sourcing, organising and checking security information to be used as evidence in court proceedings, and checking compliance against rules of evidence and evidence management principles to ensure admissibility

participating in oral briefing sessions, submitting evidence briefs and preparing documentation and exhibits

adhering to court procedures and protocols such as those relating to personal presentation, manner and language

presenting evidence in a clear, concise and unambiguous manner and providing specialist opinion on request.

It applies to people working independently or under limited supervision as members of a security team.

This unit may form part of the licensing requirements for people engaged in security operations in those states and territories where these are regulated activities.


Elements and Performance Criteria

Elements describe the essential outcomes.

Performance criteria describe what needs to be done to demonstrate achievement of the element.

1. Prepare evidence.

1.1 Review workplace policies and procedures to ensure compliance with legal rights and responsibilities when preparing and presenting evidence in court.

1.2 Source, research and collate case summary and supporting information.

1.3 Select information to be used as evidence in court and confirm its relevance, validity and admissibility in court.

1.4 Organise evidence and check compliance against evidence management principles.

1.5 Interpret requirements for recording and presenting evidence in court.

2. Prepare for court proceedings.

2.1 Participate in oral briefing session with relevant persons to confirm court arrangements, own role and involvement.

2.2 Discuss information to be presented as evidence and clarify negotiation parameters with relevant persons.

2.3 Submit briefs of evidence in a logical sequence and check compliance with rules of evidence to ensure admissibility in court proceeding.

2.4 Conduct a thorough review of material to be used or referred to in court proceeding prior to presentation in court to ensure familiarity, completeness and availability.

2.5 Prepare documentation and exhibits and review to confirm their acceptability for use in court.

3. Attend court proceeding and present evidence.

3.1 Attend court and adhere to court procedures and protocols including those for personal presentation, manner and language throughout proceeding.

3.2 Present admissible evidence in a clear, concise and unambiguous manner and on request, provide specialist opinion within own area of competence and expertise in accordance with evidence requirements.

3.3 Note, file and store outcomes of proceedings and associated documentation and evidence in accordance with evidence management principles.

Foundation Skills

This section describes the language, literacy, numeracy and employment skills essential to performance in this unit but not explicit in the performance criteria:

language skills to use security industry approved terminology

writing skills to:

prepare documentation using formal structure and language

sequence security information and evidence to present cohesive text

reading skills to interpret:

procedures and policies that clarify legal rights and responsibilities

information and evidence that may be technical in nature, and in pictorial, diagrammatic or written formats

speaking and listening skills to:

use active listening to check understanding when participating in briefing sessions

participate effectively in spoken interactions in a court setting using strategies to confirm, clarify or repair understanding

make constructive additions to what has been said when offering own specialist opinion in court

numeracy skills to estimate time required to complete work tasks

problem solving skills to:

verify accuracy and sources when gathering information and evidence

analyse information to ensure it complies with rules of evidence for admissibility

teamwork skills to adjust personal communication styles in response to the opinions, values and needs of others

technology skills to use a range of common information technologies to access, store, study, retrieve, transmit and manipulate data or information that may be used as evidence.


Sectors

Security operations