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Evidence Guide: DEFCM114C - Perform the duties of a prosecuting officer

Student: __________________________________________________

Signature: _________________________________________________

Tips for gathering evidence to demonstrate your skills

The important thing to remember when gathering evidence is that the more evidence the better - that is, the more evidence you gather to demonstrate your skills, the more confident an assessor can be that you have learned the skills not just at one point in time, but are continuing to apply and develop those skills (as opposed to just learning for the test!). Furthermore, one piece of evidence that you collect will not usualy demonstrate all the required criteria for a unit of competency, whereas multiple overlapping pieces of evidence will usually do the trick!

From the Wiki University

 

DEFCM114C - Perform the duties of a prosecuting officer

What evidence can you provide to prove your understanding of each of the following citeria?

Prepare prosecution case

  1. Pre-trial documentation is prepared and confirmed correct in accordance with organisational policies
  2. Prosecution case is developed in accordance with organisational policies
  3. Copy of all evidence is provided to the accused in accordance with organisational policies
  4. Statement of agreed facts is prepared in accordance with organisational policies
Pre-trial documentation is prepared and confirmed correct in accordance with organisational policies

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prosecution case is developed in accordance with organisational policies

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Copy of all evidence is provided to the accused in accordance with organisational policies

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Statement of agreed facts is prepared in accordance with organisational policies

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prosecute the accused

  1. Prosecution case is presented in accordance with service proceeding protocols, procedures and organisational policies
  2. Evidence is admitted in accordance with organisational policies
  3. Examinations of witnesses are conducted in accordance with organisational policies
Prosecution case is presented in accordance with service proceeding protocols, procedures and organisational policies

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Evidence is admitted in accordance with organisational policies

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Examinations of witnesses are conducted in accordance with organisational policies

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Deal with post-trial requirements

  1. Post-trial documentation is completed in accordance with organisational policies
  2. Documentation is forwarded to appropriate authority for concurrence and signature
Post-trial documentation is completed in accordance with organisational policies

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Documentation is forwarded to appropriate authority for concurrence and signature

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

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.

Required Skills and Knowledge

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

Range Statement

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