Application
This unit describes the skills required to review briefs for mentions, communicate with stakeholders, present a case and complete mention duties. This includes performing prosecution duties in a professional, ethical and accountable manner that ensures public confidence in the police.
This unit applies to police prosecutors undertaking mention duties.
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 court proceedings and prosecution guidelines.
Those undertaking this unit would generally work autonomously within a court/justice system environment but may be required to work under supervision at times. They will perform complex tasks and required to demonstrate adaptability across a broad range of contexts.
No licensing, legislative or certification requirements apply to unit at the time of publication.
Elements and Performance Criteria
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 briefs for mention | 1.1 Reconcile briefs against the court list. 1.2 Evaluate briefs to determine if any remedial action is required. |
2. Communicate with stakeholders | 2.1 Engage stakeholders to resolve issues. 2.2 Document actions undertaken on brief for transparency and recording purposes. 2.3 Provide assistance and advice to the court regarding management of mentions. |
3. Present a case | 3.1 Present circumstances of the case for court's consideration. 3.2 Tender documentation to support the case. 3.3 Analyse information critically to formulate arguments for inclusion in submissions. 3.4 Present submissions to assist court decisions. 3.5 Assess status of unresolved issues continually throughout proceedings to identify further actions required. |
4. Complete mention duties | 4.1 Analyse circumstances of the case to determine need for applications. 4.2 Submit applications to achieve desired outcome of prosecution. 4.3 Record issues and court outcomes for future reference. 4.4 Process briefs for administrative purposes. 4.5 Communicate with stakeholders to inform them of unresolved issues and outcomes. 4.6 Analyse conduct of prosecution case critically to identify areas for improvement. 4.7 Develop recommendations for continuous improvement purposes. |
Evidence of Performance
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 and processing files and briefs for court purposes
communicating with stakeholders
identifying remedial actions for briefs and files when required
presenting case and tendering documents within court
presenting persuasive and judicial submissions and applications to court
recording actions and outcomes for future reference
developing recommendations for continuous improvement
Evidence of Knowledge
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 Commonwealth, national, state or territory legislation, jurisdictional policies and procedures which regulate the Rules of Evidence and the judicial process
jurisdictional information management systems and legal databases
stakeholder roles and responsibilities
organisational policy and procedures
legal ethics
Assessment Conditions
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 holistic assessment for this unit. Refer to advice in the companion volumes.
Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.
Foundation Skills
The foundation skills demands of this unit have been mapped for alignment with the Australian Core Skills Framework (ACSF). The following tables outline the performance levels indicated for successful attainment of the unit.
Further information on ACSF and the foundation skills underpinning this unit can be found in the Foundation Skills Guide on the GSA website.
Competency Field
Prosecution