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Evidence Guide: DEFLAW006 - Conduct summary authority proceedings

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

 

DEFLAW006 - Conduct summary authority proceedings

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

Conduct summary trials

  1. Determine jurisdiction.
  2. Make a determination by assessing applications and objections.
  3. Conduct trial proceedings.
  4. Assess evidence, examine trial documentation and seek clarification.
  5. Determine guilt or innocence and give a judgement.
  6. Listen to, interpret and determine validity of plea/s.
  7. Listen to and interpret prosecutorial advice and mitigation.
  8. Impose punishment/s and provide reasons.
Determine jurisdiction.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Make a determination by assessing applications and objections.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Conduct trial proceedings.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Assess evidence, examine trial documentation and seek clarification.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Determine guilt or innocence and give a judgement.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Listen to, interpret and determine validity of plea/s.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Listen to and interpret prosecutorial advice and mitigation.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Impose punishment/s and provide reasons.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Complete post-trial requirements

  1. Conduct post-trial procedures.
  2. Complete, process and store post-trial documentation.
Conduct post-trial procedures.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Complete, process and store post-trial documentation.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Conduct summary trials

  1. Determine jurisdiction.
  2. Make a determination by assessing applications and objections.
  3. Conduct trial proceedings.
  4. Assess evidence, examine trial documentation and seek clarification.
  5. Determine guilt or innocence and give a judgement.
  6. Listen to, interpret and determine validity of plea/s.
  7. Listen to and interpret prosecutorial advice and mitigation.
  8. Impose punishment/s and provide reasons.
Determine jurisdiction.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Make a determination by assessing applications and objections.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Conduct trial proceedings.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Assess evidence, examine trial documentation and seek clarification.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Determine guilt or innocence and give a judgement.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Listen to, interpret and determine validity of plea/s.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Listen to and interpret prosecutorial advice and mitigation.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Impose punishment/s and provide reasons.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Complete post-trial requirements

  1. Conduct post-trial procedures.
  2. Complete, process and store post-trial documentation.
Conduct post-trial procedures.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Complete, process and store post-trial documentation.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

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. Conduct summary trials

1.1 Determine jurisdiction.

1.2 Make a determination by assessing applications and objections.

1.3 Conduct trial proceedings.

1.4 Assess evidence, examine trial documentation and seek clarification.

1.5 Determine guilt or innocence and give a judgement.

1.6 Listen to, interpret and determine validity of plea/s.

1.7 Listen to and interpret prosecutorial advice and mitigation.

1.8 Impose punishment/s and provide reasons.

2. Complete post-trial requirements

2.1 Conduct post-trial procedures.

2.2 Complete, process and store post-trial documentation.

Required Skills and Knowledge

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. Conduct summary trials

1.1 Determine jurisdiction.

1.2 Make a determination by assessing applications and objections.

1.3 Conduct trial proceedings.

1.4 Assess evidence, examine trial documentation and seek clarification.

1.5 Determine guilt or innocence and give a judgement.

1.6 Listen to, interpret and determine validity of plea/s.

1.7 Listen to and interpret prosecutorial advice and mitigation.

1.8 Impose punishment/s and provide reasons.

2. Complete post-trial requirements

2.1 Conduct post-trial procedures.

2.2 Complete, process and store post-trial documentation.

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.

communicating in writing and orally

completing post-trial documentation

questioning and responding to questioning

conducting interviews

deciding the admissibility of evidence

deciding the guilt of an accused (considering the evidence)

interpreting relevant Australian Defence Force (ADF) policies

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

undertaking research

providing advice that is relevant and appropriate to the circumstances

dealing with evidence

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.

types of charges and their proofs

types of punishments

relevant references for locating relevant information

who can issue summonses

who can issue warrants