This unit only applies to Defence members who may be selected to prosecute an accused service member at a service summary trial. | |
Not applicable.
ELEMENT | PERFORMANCE CRITERIA |
1. Prepare prosecution case | 1.1 Pre-trial documentation is prepared and confirmed correct in accordance with organisational policies 1.2 Prosecution case is developed in accordance with organisational policies 1.3 Copy of all evidence is provided to the accused in accordance with organisational policies 1.4 Statement of agreed facts is prepared in accordance with organisational policies |
2. Prosecute the accused | 2.1 Prosecution case is presented in accordance with service proceeding protocols, procedures and organisational policies 2.2 Evidence is admitted in accordance with organisational policies 2.3 Examinations of witnesses are conducted in accordance with organisational policies |
3. Deal with post-trial requirements | 3.1 Post-trial documentation is completed in accordance with organisational policies 3.2 Documentation is forwarded to appropriate authority for concurrence and signature |
This describes the essential skills and knowledge and their level, required for this unit. |
Required Skills |
communicate effectively in writing communicate effectively orally (question, conduct briefings, respond to questioning, listen, reflect) interpret charges interpret relevant Australian Defence Force (ADF) policies locate relevant information in relevant references manage work effectively make sound judgements undertake research |
Required Knowledge |
ADF publications charges and their proofs Defence Force Discipline Rules (consequences of punishment) Defence Instructions (General) - Personnel evidence jurisdiction petitions procedures punishments reviews Summary Authority Rules witnesses |
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: present a case in accordance with Australian Defence Force policy and procedures. 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 and/or 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 industry-approved 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. |
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. | |
Pre-trial documentation may include | Charge Sheet and Action Report Form Conduct record Investigating officer's reports Medical and other specialist reports Pre-sentence report Statement of agreed facts Statutory declarations Witness statements |
Organisational policies may include | ADF publications Defence Force Discipline Rules (consequences of punishment) Defence Instructions (General) - Personnel Summary Authority Rules |
Developing the prosecution case may include | Admissibility of evidence Anticipating defences Anticipating objections Examining charges Judging the weight of evidence against each element of a charge Obtaining evidence legally: obtaining statements under a caution determining which evidence forms a proof, or part, for elements of the charge confirming that all elements have facts that sufficiently prove the offence to have good prospects for a conviction Preparing applications Preparing opening and closing remarks Preparing questions for examination, cross-examination and re-examination Preparing submission on sentence Preparing witnesses: selecting witnesses to be called and in what order informing witnesses of rights and obligations, penalties for false evidence briefing witnesses concerning procedures Reviewing evidence relevant to the offence |
Presenting the prosecution case may include | Disproving defences Giving opening and closing remarks Handling objections Making applications: different commanding officer separate trial for each offence when charged with a number of offences separate trial for the member if charged with co-accused for legal representation any other reason Making submission concerning the sentence |
Examinations may include | Examination-in-chief Cross-examination Re-examination |
Post-trial documentation may include | Charge Sheet and Action Report Form Conduct record Record of evidence |
Not applicable.
This unit contains employability skills. | |
Pre-requisite Unit/s | Nil |
Not applicable.