Application
This unit of competency describes the skills and knowledge required to undertake the prosecution in a trial for a fisheries management breach. It requires the ability to collect information, carry out enquiries, manage witnesses, arrange and conduct pre-trial hearings, examine prosecution witnesses, present arguments and undertake post-trial tasks.
The unit applies to individuals who work as senior fisheries compliance officers and act in an advocacy role to undertake prosecution functions in a trial. Fisheries compliance officers may not undertake prosecution duties in some states and territories.
Regulatory requirements may apply to this unit. Users are required to check with the relevant jurisdictions for current requirements.
Elements and Performance Criteria
Elements | Performance Criteria |
Elements describe the essential outcomes. | Performance criteria describe the performance needed to demonstrate achievement of the element. |
1. Prepare for the trial | 1.1 Gather, collate and confirm all information required for trial as available for duration of trial 1.2 Initiate further enquiries for prosecution case as required 1.3 Arrange and conduct pre-trial hearings or negotiations as required 1.4 Process any alteration to charges according to courtroom procedures and relevant jurisdictional policies and legislation 1.5 Prepare prosecution argument to meet deadlines for trial-related dates |
2. Assess and manage witnesses | 2.1 Assess witness credibility and reliability before trial 2.2 Notify witnesses of trial dates, confirming their understanding 2.3 Interview witnesses before trial and induct them in courtroom processes 2.4 Disclose unfavourable witness information as appropriate 2.5 Provide witness support during trial |
3. Undertake prosecution role in trial | 3.1 Present opening address, providing an overview of prosecution case 3.2 Examine prosecution witness and, if necessary, re-examine and cross-examine defence witness, as required, to prove elements beyond reasonable doubt 3.3 Select, sequence and word questions for witness to cover all elements, clarify issues and minimise opportunity for defence to propose objections 3.4 Respond to objections from defence during examination-in-chief of prosecution witness and during cross-examination of defence witness 3.5 Propose objections during defence examination-in-chief and during defence cross-examination of prosecution witness 3.6 Present argument based on fact, law and evidence in a manner that is decisive, composed and credible 3.7 Present prosecution submissions in such a way that strengthens the prosecution case, minimises the prosecution weaknesses and minimises strengths in the defence case |
4. Complete post-trial administrative tasks | 4.1 Complete file endorsements accurately in a timely manner 4.2 Follow up matters arising from the trial |
Foundation Skills
This section describes those language, literacy, numeracy and employment skills that are essential for performance in this unit of competency but are not explicit in the performance criteria.
Skill | Description |
Numeracy | Calculates additional penalties |
Reading | Analyses and evaluates statements and courtroom documents Researches, analyses and evaluates legal information, case materials and notes |
Writing | Completes detailed, structured and technical court documents |
Navigate the world of work | Applies detailed knowledge of legislation and policies to prosecute compliance matters Recognises and responds to both explicit and implicit court and prosecution protocols |
Interact with others | Uses modes of communication suitable to presentation of evidence, and makes adjustments to communication style to effectively prosecute in a trial |
Get the work done | Uses a mix of intuitive and formal processes to identify and consider key case information and issues, evaluate alternative strategies, anticipate consequences and consider contingencies |
Sectors
Compliance (CPL)