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Evidence Guide: POLPRO005 - Conduct hearings

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

 

POLPRO005 - Conduct hearings

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

Review evidence

  1. Evaluate brief critically to determine applicable rules of evidence.
  2. Evaluate witness testimony prior to the hearing to determine evidence to be presented.
  3. Verify evidence is admissible and available for hearing.
  4. Communicate with stakeholders prior to the hearing to evaluate issues.
Evaluate brief critically to determine applicable rules of evidence.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Evaluate witness testimony prior to the hearing to determine evidence to be presented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Verify evidence is admissible and available for hearing.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Communicate with stakeholders prior to the hearing to evaluate issues.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Prepare case concepts

  1. Develop case concept utilising the information contained in the brief of evidence.
  2. Determine presentation of prosecution case in accordance with case concept.
  3. Identify legal principles to support the case concept.
Develop case concept utilising the information contained in the brief of evidence.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Determine presentation of prosecution case in accordance with case concept.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Identify legal principles to support the case concept.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Present prosecution cases

  1. Present preliminary information to commence hearing.
  2. Call witnesses to provide evidence to court.
  3. Elicit evidence in chief from witnesses to cover elements of the offences.
  4. Tender exhibits to provide evidence to court.
  5. Record evidence presented by cross-examined witnesses for reference purposes.
  6. Evaluate evidence presented by cross-examined witnesses critically to determine necessity of re-examination and submissions.
  7. Re-examine witnesses to clarify witness responses in cross-examination.
Present preliminary information to commence hearing.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Call witnesses to provide evidence to court.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Elicit evidence in chief from witnesses to cover elements of the offences.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Tender exhibits to provide evidence to court.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Record evidence presented by cross-examined witnesses for reference purposes.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Evaluate evidence presented by cross-examined witnesses critically to determine necessity of re-examination and submissions.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Re-examine witnesses to clarify witness responses in cross-examination.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Examine defence witnesses

  1. Record evidence provided by defence witnesses for reference purposes.
  2. Evaluate witness evidence critically to develop cross examination strategy.
  3. Cross-examine defence witnesses to test credibility of witness and reliability of evidence.
Record evidence provided by defence witnesses for reference purposes.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Evaluate witness evidence critically to develop cross examination strategy.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Cross-examine defence witnesses to test credibility of witness and reliability of evidence.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Make submissions and objections

  1. Prepare submissions utilising relevant facts, legislation and case law.
  2. Evaluate evidence and/or questions critically to determine relevance and admissibility.
  3. Deliver submissions and objections throughout the hearing.
Prepare submissions utilising relevant facts, legislation and case law.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Evaluate evidence and/or questions critically to determine relevance and admissibility.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Deliver submissions and objections throughout the hearing.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Finalise cases

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

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Submit applications to obtain court orders.

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 outcomes.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Develop recommendations to inform continuous improvement.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Review evidence

  1. Evaluate brief critically to determine applicable rules of evidence.
  2. Evaluate witness testimony prior to the hearing to determine evidence to be presented.
  3. Verify evidence is admissible and available for hearing.
  4. Communicate with stakeholders prior to the hearing to evaluate issues.
Evaluate brief critically to determine applicable rules of evidence.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Evaluate witness testimony prior to the hearing to determine evidence to be presented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Verify evidence is admissible and available for hearing.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Communicate with stakeholders prior to the hearing to evaluate issues.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Prepare case concepts

  1. Develop case concept utilising the information contained in the brief of evidence.
  2. Determine presentation of prosecution case in accordance with case concept.
  3. Identify legal principles to support the case concept.
Develop case concept utilising the information contained in the brief of evidence.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Determine presentation of prosecution case in accordance with case concept.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Identify legal principles to support the case concept.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Present prosecution cases

  1. Present preliminary information to commence hearing.
  2. Call witnesses to provide evidence to court.
  3. Elicit evidence in chief from witnesses to cover elements of the offences.
  4. Tender exhibits to provide evidence to court.
  5. Record evidence presented by cross-examined witnesses for reference purposes.
  6. Evaluate evidence presented by cross-examined witnesses critically to determine necessity of re-examination and submissions.
  7. Re-examine witnesses to clarify witness responses in cross-examination.
Present preliminary information to commence hearing.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Call witnesses to provide evidence to court.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Elicit evidence in chief from witnesses to cover elements of the offences.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Tender exhibits to provide evidence to court.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Record evidence presented by cross-examined witnesses for reference purposes.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Evaluate evidence presented by cross-examined witnesses critically to determine necessity of re-examination and submissions.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Re-examine witnesses to clarify witness responses in cross-examination.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Examine defence witnesses

  1. Record evidence provided by defence witnesses for reference purposes.
  2. Evaluate witness evidence critically to develop cross examination strategy.
  3. Cross-examine defence witnesses to test credibility of witness and reliability of evidence.
Record evidence provided by defence witnesses for reference purposes.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Evaluate witness evidence critically to develop cross examination strategy.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Cross-examine defence witnesses to test credibility of witness and reliability of evidence.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Make submissions and objections

  1. Prepare submissions utilising relevant facts, legislation and case law.
  2. Evaluate evidence and/or questions critically to determine relevance and admissibility.
  3. Deliver submissions and objections throughout the hearing.
Prepare submissions utilising relevant facts, legislation and case law.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Evaluate evidence and/or questions critically to determine relevance and admissibility.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Deliver submissions and objections throughout the hearing.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Finalise cases

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

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Submit applications to obtain court orders.

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 outcomes.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Develop recommendations to inform continuous improvement.

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. Review evidence

1.1 Evaluate brief critically to determine applicable rules of evidence.

1.2 Evaluate witness testimony prior to the hearing to determine evidence to be presented.

1.3 Verify evidence is admissible and available for hearing.

1.4 Communicate with stakeholders prior to the hearing to evaluate issues.

2. Prepare case concepts

2.1 Develop case concept utilising the information contained in the brief of evidence.

2.2 Determine presentation of prosecution case in accordance with case concept.

2.3 Identify legal principles to support the case concept.

3. Present prosecution cases

3.1 Present preliminary information to commence hearing.

3.2 Call witnesses to provide evidence to court.

3.3 Elicit evidence in chief from witnesses to cover elements of the offences.

3.4 Tender exhibits to provide evidence to court.

3.5 Record evidence presented by cross-examined witnesses for reference purposes.

3.6 Evaluate evidence presented by cross-examined witnesses critically to determine necessity of re-examination and submissions.

3.7 Re-examine witnesses to clarify witness responses in cross-examination.

4. Examine defence witnesses

4.1 Record evidence provided by defence witnesses for reference purposes.

4.2 Evaluate witness evidence critically to develop cross examination strategy.

4.3 Cross-examine defence witnesses to test credibility of witness and reliability of evidence.

5. Make submissions and objections

5.1 Prepare submissions utilising relevant facts, legislation and case law.

5.2 Evaluate evidence and/or questions critically to determine relevance and admissibility.

5.3 Deliver submissions and objections throughout the hearing.

6. Finalise cases

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

6.2 Submit applications to obtain court orders.

6.3 Record issues and court outcomes for future reference.

6.4 Process briefs for administrative purposes.

6.5 Communicate with stakeholders to inform them of outcomes.

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

6.7 Develop recommendations to inform continuous improvement.

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. Review evidence

1.1 Evaluate brief critically to determine applicable rules of evidence.

1.2 Evaluate witness testimony prior to the hearing to determine evidence to be presented.

1.3 Verify evidence is admissible and available for hearing.

1.4 Communicate with stakeholders prior to the hearing to evaluate issues.

2. Prepare case concepts

2.1 Develop case concept utilising the information contained in the brief of evidence.

2.2 Determine presentation of prosecution case in accordance with case concept.

2.3 Identify legal principles to support the case concept.

3. Present prosecution cases

3.1 Present preliminary information to commence hearing.

3.2 Call witnesses to provide evidence to court.

3.3 Elicit evidence in chief from witnesses to cover elements of the offences.

3.4 Tender exhibits to provide evidence to court.

3.5 Record evidence presented by cross-examined witnesses for reference purposes.

3.6 Evaluate evidence presented by cross-examined witnesses critically to determine necessity of re-examination and submissions.

3.7 Re-examine witnesses to clarify witness responses in cross-examination.

4. Examine defence witnesses

4.1 Record evidence provided by defence witnesses for reference purposes.

4.2 Evaluate witness evidence critically to develop cross examination strategy.

4.3 Cross-examine defence witnesses to test credibility of witness and reliability of evidence.

5. Make submissions and objections

5.1 Prepare submissions utilising relevant facts, legislation and case law.

5.2 Evaluate evidence and/or questions critically to determine relevance and admissibility.

5.3 Deliver submissions and objections throughout the hearing.

6. Finalise cases

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

6.2 Submit applications to obtain court orders.

6.3 Record issues and court outcomes for future reference.

6.4 Process briefs for administrative purposes.

6.5 Communicate with stakeholders to inform them of outcomes.

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

6.7 Develop recommendations to inform continuous improvement.

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.

reviewing, analysing and managing briefs and evidence

ensuring completeness of briefs and evidence prior to hearings

communicating with stakeholders

developing strategies to build argument, including sequencing and targeting of information

identifying relevant law and legal precedent

detailing and presenting case for the prosecution

presenting evidence to the court

examining evidence and witnesses

preparing and delivering persuasive and judicial submissions

making objections when appropriate

recording actions and outcomes for future reference

analysing court outcomes to inform future recommendations

developing recommendations for continuous improvement

completing administrative tasks associated with finalising briefs

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 sentencing practices and principles

legislation relating to sentencing

cross examination of hostile/unfavourable and defence witnesses