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:

provide advice that is relevant and appropriate to the circumstances

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.

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

Required Skills

communicate effectively in writing (eg: completing post-trial documentation)

communicate effectively orally (question, conduct briefings, respond to questioning, listen, reflect)

conduct interviews

decide the admissibility of evidence

decide the guilt of an accused (considering the evidence)

display empathy and build rapport with colleagues and stakeholders

follow procedures

interpret body language

interpret relevant Australian Defence Force (ADF) policies

lead individuals and groups where required

manage work effectively

make sound judgements

select a punishment for the convicted (considering the circumstances and law)

undertake research

Required Knowledge

appointing

charges and their proofs

disqualification

evidence (applying the Summary Authority Principles of Evidence, probative value, weighing the evidence; all proofs must be proven beyond reasonable doubt AND have no viable defence in order to find guilty and convict)

facts in issue

jurisdiction

pleas in mitigation

procedures

punishments

records as required

relevant references for locating relevant information such as:

ADF publications

Defence Force Discipline (Consequences of Punishment) Rules

Defence Instructions

Discipline Law Manual

Summary Authority Rules

reviews/petitions

search warrants

witnesses

who can issue summonses (commanding officers can issue a summons after first approach is requested and then ordering attendance; subordinate summary authority (SUBSA) officers do not issue summonses)

who can issue warrants (commanding officers can issue a warrant; SUBSAs do not issue warrants)

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.

Organisational policies may include:

ADF publications

Defence Force Discipline Rules (consequences of punishment)

Defence Instructions

Summary Authority Rules

Jurisdiction is determined may include:

deciding to try the charge

hearing commencing within three months of charging

hearing within the three month limit

location of offence

not proceeding with a charge/s due to lack of evidence

preferring the charge within time limits

rank of accused and rank difference being within limits of jurisdiction

referring the charge to a higher authority, such as the Director of Military Prosecutions (DMP) due to:

complexity

severity

it being a prescribed offence

it being outside of jurisdiction

punishment sought is greater than available to the summary authority

referring the charge to another summary authority, bias, familiarity with case, conflict of interest, etc.

summary authority not being disqualified due to being involved in issuing warrants, the investigation or charging the accused, or otherwise indicating a desire to charge the member

type of offence

Applications and objections may include:

accused or prosecuting officer requesting an adjournment

witness before a summary authority giving evidence by audiovisual link or audio link

application for an adjournment, before pleading, on the ground that the accused has not had an adequate opportunity to prepare his/her defence

objection to the recorder or summary authority due to bias

application before pleading by co-accused to be dealt with or tried in separate proceedings

application before pleading by accused to have multiple charges heard in separate proceedings

objection to a charge before pleading by accused on any ground, such as:

accused has been previously convicted or acquitted of the charge or a service tribunal has already taken it into consideration in sentencing

time limits for charging and/or trying accused have been contravened

charge does not disclose a service offence or is otherwise wrong in law

summary authority does not have jurisdiction to try the charge or is disqualified by involvement in the investigation or charging of the offence

Trial proceedings areconducted may include:

adjournment of proceedings

handling applications and objections

hearing pleas

implementing appropriate procedures (A/B/C/D)

managing trial personnel

offering election by trial by CM/DFM for Schedule 1A offences, because of the seriousness of the offence (if proven)

offering upfront election by trial by court martial (CM) /Defence Force Magistrate (DFM)

substituting a plea of not guilty for a plea of guilty when it appears that the accused does not understand the effect of the guilty plea

Evidence requirements may include:

applying principles of evidence (such as relevance, reliability, weight, probative value)

determining the admissibility of evidence

managing examination, cross-examination and re-examination

Trial documentation may include:

Charge Sheet and Action Report Form

investigating officer’s reports

medical and other specialist reports

pre-sentence report

statutory declarations

witness statements

Clarification may include:

advice from a legal officer:

during the proceedings

by conference call

during a pause

advice from consulting manuals, instructions and other references

asking questions of accused

asking questions of witnesses

Plea/s may include:

guilty

not guilty

silence by the accused (defaults to not guilty)

Determination includes

summary authority using personal judgement to determine that accused understands the ramifications of the plea

Imposing a punishment may include:

considering the D5 of the convicted

considering the effect upon unit discipline

considering the scale of punishments

hearing pleas in mitigation

reviewing the conduct record of the convicted

Post-trial procedures may include:

grounds for review

informing the convicted member of the outcomes of the review

petitions to the chain of command concerning conviction, punishment or an order imposed by a summary authority

suspending execution of punishment by reviewing authority (RA) when convicted member petitions (at the RA’s discretion)

and must be lodged in writing within timeframes (thirty days from notice)

Post-trial documentation may include:

trial transcript

updating organisational databases