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Evidence Guide: POLPRO002 - Conduct pre-hearing mentions

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

 

POLPRO002 - Conduct pre-hearing mentions

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

Manage a brief for pre-hearing mention

  1. Assess brief to ensure sufficiency of evidence.
  2. Analyse evidence to determine that it substantiates elements of offences.
  3. Evaluate brief to determine possible defences.
  4. Analyse brief to identify adherence to legislation and precedent.
  5. Identify deficiencies in the brief to determine remedial actions.
Assess brief to ensure sufficiency of evidence.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Analyse evidence to determine that it substantiates elements of offences.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Evaluate brief to determine possible defences.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Analyse brief to identify adherence to legislation and precedent.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Identify deficiencies in the brief to determine remedial actions.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Communicate with stakeholders

  1. Engage with stakeholders to resolve issues.
  2. Negotiate with stakeholders to progress case.
  3. Document actions undertaken on brief for recording purposes.
  4. Provide assistance and advice to the court regarding the management of pre-hearing mentions.
Engage with stakeholders to resolve issues.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Negotiate with stakeholders to progress case.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Document actions undertaken on brief for recording purposes.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Provide assistance and advice to the court regarding the management of pre-hearing mentions.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Present a case

  1. Present circumstances of the case for courts consideration.
  2. Detail issues and concessions of the case.
  3. Evaluate the need for applications and submissions in accordance with pre-hearing mention requirements.
  4. Assess status of unresolved issues throughout proceedings to identify further actions required.
Present circumstances of the case for courts consideration.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Detail issues and concessions of the case.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Evaluate the need for applications and submissions in accordance with pre-hearing mention requirements.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Assess status of unresolved issues throughout proceedings to identify further actions required.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Complete pre-hearing mention duties

  1. Analyse circumstances of the case to determine need for applications.
  2. Submit applications to achieve desired outcome of prosecution.
  3. Record issues and court outcomes for future reference.
  4. Process briefs for administrative purposes.
  5. Communicate with stakeholders to inform them of unresolved issues and outcomes.
  6. Analyse conduct of prosecution case critically to identify areas for improvement.
  7. Develop recommendations for continuous improvement purposes.
Analyse circumstances of the case to determine need for applications.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Submit applications to achieve desired outcome of prosecution.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Record issues and court outcomes for future reference.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Process briefs for administrative purposes.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Communicate with stakeholders to inform them of unresolved issues and outcomes.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Analyse conduct of prosecution case critically to identify areas for improvement.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Develop recommendations for continuous improvement purposes.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Manage a brief for pre-hearing mention

  1. Assess brief to ensure sufficiency of evidence.
  2. Analyse evidence to determine that it substantiates elements of offences.
  3. Evaluate brief to determine possible defences.
  4. Analyse brief to identify adherence to legislation and precedent.
  5. Identify deficiencies in the brief to determine remedial actions.
Assess brief to ensure sufficiency of evidence.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Analyse evidence to determine that it substantiates elements of offences.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Evaluate brief to determine possible defences.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Analyse brief to identify adherence to legislation and precedent.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Identify deficiencies in the brief to determine remedial actions.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Communicate with stakeholders

  1. Engage with stakeholders to resolve issues.
  2. Negotiate with stakeholders to progress case.
  3. Document actions undertaken on brief for recording purposes.
  4. Provide assistance and advice to the court regarding the management of pre-hearing mentions.
Engage with stakeholders to resolve issues.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Negotiate with stakeholders to progress case.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Document actions undertaken on brief for recording purposes.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Provide assistance and advice to the court regarding the management of pre-hearing mentions.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Present a case

  1. Present circumstances of the case for courts consideration.
  2. Detail issues and concessions of the case.
  3. Evaluate the need for applications and submissions in accordance with pre-hearing mention requirements.
  4. Assess status of unresolved issues throughout proceedings to identify further actions required.
Present circumstances of the case for courts consideration.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Detail issues and concessions of the case.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Evaluate the need for applications and submissions in accordance with pre-hearing mention requirements.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Assess status of unresolved issues throughout proceedings to identify further actions required.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Complete pre-hearing mention duties

  1. Analyse circumstances of the case to determine need for applications.
  2. Submit applications to achieve desired outcome of prosecution.
  3. Record issues and court outcomes for future reference.
  4. Process briefs for administrative purposes.
  5. Communicate with stakeholders to inform them of unresolved issues and outcomes.
  6. Analyse conduct of prosecution case critically to identify areas for improvement.
  7. Develop recommendations for continuous improvement purposes.
Analyse circumstances of the case to determine need for applications.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Submit applications to achieve desired outcome of prosecution.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Record issues and court outcomes for future reference.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Process briefs for administrative purposes.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Communicate with stakeholders to inform them of unresolved issues and outcomes.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Analyse conduct of prosecution case critically to identify areas for improvement.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Develop recommendations for continuous improvement purposes.

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. Manage a brief for pre-hearing mention

1.1 Assess brief to ensure sufficiency of evidence.

1.2 Analyse evidence to determine that it substantiates elements of offences.

1.3 Evaluate brief to determine possible defences.

1.4 Analyse brief to identify adherence to legislation and precedent.

1.5 Identify deficiencies in the brief to determine remedial actions.

2. Communicate with stakeholders

2.1 Engage with stakeholders to resolve issues.

2.2 Negotiate with stakeholders to progress case.

2.3 Document actions undertaken on brief for recording purposes.

2.4 Provide assistance and advice to the court regarding the management of pre-hearing mentions.

3. Present a case

3.1 Present circumstances of the case for courts consideration.

3.2 Detail issues and concessions of the case.

3.3 Evaluate the need for applications and submissions in accordance with pre-hearing mention requirements.

3.4 Assess status of unresolved issues throughout proceedings to identify further actions required.

4. Complete pre-hearing mention duties

4.1 Analyse circumstances of the case to determine need for applications.

4.2 Submit applications to achieve desired outcome of prosecution.

4.3 Record issues and court outcomes for future reference.

4.4 Process briefs for administrative purposes.

4.5 Communicate with stakeholders to inform them of unresolved issues and outcomes.

4.6 Analyse conduct of prosecution case critically to identify areas for improvement.

4.7 Develop recommendations for continuous improvement purposes.

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. Manage a brief for pre-hearing mention

1.1 Assess brief to ensure sufficiency of evidence.

1.2 Analyse evidence to determine that it substantiates elements of offences.

1.3 Evaluate brief to determine possible defences.

1.4 Analyse brief to identify adherence to legislation and precedent.

1.5 Identify deficiencies in the brief to determine remedial actions.

2. Communicate with stakeholders

2.1 Engage with stakeholders to resolve issues.

2.2 Negotiate with stakeholders to progress case.

2.3 Document actions undertaken on brief for recording purposes.

2.4 Provide assistance and advice to the court regarding the management of pre-hearing mentions.

3. Present a case

3.1 Present circumstances of the case for courts consideration.

3.2 Detail issues and concessions of the case.

3.3 Evaluate the need for applications and submissions in accordance with pre-hearing mention requirements.

3.4 Assess status of unresolved issues throughout proceedings to identify further actions required.

4. Complete pre-hearing mention duties

4.1 Analyse circumstances of the case to determine need for applications.

4.2 Submit applications to achieve desired outcome of prosecution.

4.3 Record issues and court outcomes for future reference.

4.4 Process briefs for administrative purposes.

4.5 Communicate with stakeholders to inform them of unresolved issues and outcomes.

4.6 Analyse conduct of prosecution case critically to identify areas for improvement.

4.7 Develop recommendations for continuous improvement purposes.

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.

managing and processing briefs and files for court purposes

communicating with stakeholders

presenting a case and tendering documents to the court

making persuasive and judicial submissions and applications to the court

developing recommendations for continuous improvement purposes

identifying gaps in briefs/evidence and undertaking remedial actions

recording actions and outcomes for future reference

analysing circumstances critically and develop strategies

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.

current Commonwealth, national, state or territory legislation, jurisdictional policies and procedures which regulate the Rules of Evidence

jurisdictional information management systems and legal databases

sources of law

stakeholder roles and responsibilities

organisational policy and procedures