ELEMENT

PERFORMANCE CRITERIA

1. Prepare for prosecution

1.1 Brief of evidence is reviewed and clarified with the apprehending officer, where necessary, prior to court proceedings.

1.2 Precedents are identified as relevant.

1.3 Questions are prepared to address the facts of the brief.

1.4 Personnel involved are fully briefed in accordance with legal and organisational requirements.

1.5 Parameters for negotiating out of court are agreed prior to prosecution with authorised organisational personnel.

2. Conduct a prosecution

2.1 Evidentiary procedures are followed and prosecution is conducted according to court processes, protocols and organisational instructions.

2.2 Personal presentation is maintained in accordance with organisational requirements.

2.3 File endorsements are completed in accordance with legislative and organisational requirements.

2.4 Matters arising from proceedings are followed up/completed in accordance with legislative and organisational requirements.

2.5 The outcome of the prosecution is reviewed to provide timely input/recommendations for handling future cases.

This section describes the essential skills and knowledge and their level, required for this unit.

Skill requirements

Look for evidence that confirms skills in:

making presentations including participating in complex oral exchanges in briefing sessions and in court

reading complex, lengthy documents to ascertain key elements

undertaking research to identify precedents

compiling and putting questions

responding to diversity, including gender and disability

applying procedures relating to occupational health and safety and environment in the context of prosecuting duties

Knowledge requirements

Look for evidence that confirms knowledge and understanding of:

court prosecution process, procedures and protocols

court conduct

enabling legislation and offences

sections of the Evidence Act

types of evidence

rules of evidence

possible defences

burden of proof

role of expert witnesses

hearsay

equal employment opportunity, equity and diversity principles

public sector legislation relating to occupational health and safety and environment in the context of conducting prosecutions

The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole. It must be read in conjunction with the Unit descriptor, Performance Criteria, the Range Statement and the Assessment Guidelines for the Public Sector Training Package.

Critical aspects for assessment and evidence required to demonstrate competency in this unit

In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms consistency of performance in conducting prosecutions.

This will include evidence of:

Conducting at least three actual or simulated prosecutions on three separate occasions or for three different situations/contexts.

adhering to legal, ethical and organisational requirements relating to prosecutions

Context of and specific resources for assessment

Assessment must ensure access to a real or simulated workplace environment that closely resembles normal work practice and replicates the range of conditions likely to be encountered while conducting prosecutions, including coping with difficulties, irregularities and breakdowns in routine.

Access is required to resources such as:

applicable legislation, policies and procedures

case studies and workplace scenarios to capture the range of requirements for situations likely to be encountered

mock court

Method of assessment

Assessment methods suitable for valid and reliable assessment of this unit of competency may include, but are not limited to, a combination of 2 or more of:

case studies

demonstration

observation

written or oral questions

scenarios

simulation or role plays

authenticated evidence from the workplace and/or training courses

Guidance information for assessment

Assessment methods should reflect workplace demands, such as literacy, and the needs of particular groups, such as:

people with disabilities

people from culturally and linguistically diverse backgrounds

Aboriginal and Torres Strait Islander people

women

young people

older people

people in rural and remote locations

For consistency of assessment

Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments

The Range Statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The Range Statement also provides a focus for assessment. It relates to the unit as a whole. Text in bold italics in the Performance Criteria is explained here.

Briefs may include:

charges

exhibits

exhibit list

evidence records

investigators' reports

witness list

witness statements

precedents

forfeiture orders

extracts

prior convictions

informant’s unsuitable dates for attendance

recommended actions

Proceedings may include:

court hearings

tribunals

trials

pre-trial conferences

Evidentiary procedures may include:

aspects of evidence in chief, cross-examination and re-examination

Protocols may include:

court proceedings

standards of dress

forms of address

Matters arising may include:

completing documentation/reports

dealing with exhibits

notifying outcomes

arranging for witness fees

appeal proceedings

Cases may include:

ex parte

plea of guilty

argued matters