NTISthis.com

Evidence Guide: SFICOMP315A - Support the judicial process

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

 

SFICOMP315A - Support the judicial process

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

Prepare and forward court documents

  1. Elements/points of proof are comprehensively and accurately included into briefs of evidence.
  2. Jurisdictional court required document formats and presentation standards are complied with.
  3. Briefs of evidence comply with the jurisdiction's legal rules of evidence.
  4. Documents are forwarded to persons/authorities within required timeframe.
  5. The safety and security of witness evidence is maintained at all times.
Elements/points of proof are comprehensively and accurately included into briefs of evidence.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Jurisdictional court required document formats and presentation standards are complied with.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Briefs of evidence comply with the jurisdiction's legal rules of evidence.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Documents are forwarded to persons/authorities within required timeframe.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

The safety and security of witness evidence is maintained at all times.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Manage witnesses

  1. Witnesses are identified and court appearances arranged, including transport and accommodation, where required.
  2. Witness summonses are arranged and served, in accordance with jurisdictional law, to ensure witness attendance at courts.
  3. Liaison and support of witnesses is maintained before, during and after the trial.
  4. Witnesses are prepared in an ethical manner to enable them to present their evidence in court.
  5. Witness protection procedures are implemented, as necessary.
Witnesses are identified and court appearances arranged, including transport and accommodation, where required.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Witness summonses are arranged and served, in accordance with jurisdictional law, to ensure witness attendance at courts.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Liaison and support of witnesses is maintained before, during and after the trial.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Witnesses are prepared in an ethical manner to enable them to present their evidence in court.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Witness protection procedures are implemented, as necessary.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Monitor offenders

  1. Documentation used in the monitoring of offenders is completed in compliance with court requirements
  2. Procedures for monitoring offenders are in compliance with court requirements.
  3. Appropriate authorities and parties are clearly advised in a timely manner of bail conditions, further proceedings and the court's requirements.
  4. Procedures are implemented to ensure compliance of offenders with court requirements.
Documentation used in the monitoring of offenders is completed in compliance with court requirements

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Procedures for monitoring offenders are in compliance with court requirements.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Appropriate authorities and parties are clearly advised in a timely manner of bail conditions, further proceedings and the court's requirements.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Procedures are implemented to ensure compliance of offenders with court requirements.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Liaise with and assist prosecuting authority

  1. Arrangements, role and involvement in proceedings are confirmed.
  2. Documentation is provided promptly and accurately to support the prosecution's case.
  3. Informal and formal communication channels are maintained with the prosecuting authority.
  4. Judicial guidelines, protocols and legal requirements are observed and adhered to at all times.
Arrangements, role and involvement in proceedings are confirmed.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Documentation is provided promptly and accurately to support the prosecution's case.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Informal and formal communication channels are maintained with the prosecuting authority.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Judicial guidelines, protocols and legal requirements are observed and adhered to at all times.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Present evidence

  1. Proceedings and protocols relevant to the jurisdiction involved are adhered to throughout the proceedings.
  2. Rules of evidence relevant to the jurisdiction are adhered to.
  3. Demeanour is appropriate and evidence is presented to professional standards.
  4. Considered expert evidence is consistent with qualifications and expertise and is provided on request.
Proceedings and protocols relevant to the jurisdiction involved are adhered to throughout the proceedings.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Rules of evidence relevant to the jurisdiction are adhered to.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Demeanour is appropriate and evidence is presented to professional standards.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Considered expert evidence is consistent with qualifications and expertise and is provided on request.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Undertake post-court procedures and follow up outcomes of proceedings

  1. Briefs of evidence and other documents are acted upon.
  2. Property and exhibits are returned or disposed of.
  3. Relevant parties are notified of court results in a timely manner.
  4. Where required, avenues of possible further action are constructively and objectively discussed with a prosecuting authority.
  5. The outcomes of the proceedings are noted and filed, and reports completed.
  6. Any required actions are implemented.
Briefs of evidence and other documents are acted upon.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Property and exhibits are returned or disposed of.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Relevant parties are notified of court results in a timely manner.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Where required, avenues of possible further action are constructively and objectively discussed with a prosecuting authority.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

The outcomes of the proceedings are noted and filed, and reports completed.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Any required actions are implemented.

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, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Assessment must confirm ability to:

support the judicial process through:

preparation of brief of evidence

issuing summonses to witnesses

ensuring witnesses are available and prepared

presenting evidence

following up on post-proceeding matters.

Assessment must confirm knowledge of:

jurisdictional procedures and protocols

legislation relevant to the jurisdiction and the proceeding.

Context of and specific resources for assessment

Assessment is to be conducted on the job or in a simulated environment.

A simulated environment must reflect a work environment with case materials, witnesses, court protocols and procedures, judicial forms and legal personnel.

Method of assessment

The following assessment methods are suggested:

written or oral short-answer testing

practical exercises or role-plays

observation of practical demonstration.

Guidance information for assessment

This unit may be assessed holistically with other units within a qualification.

Required Skills and Knowledge

Required skills

communicating with witnesses, prosecution authority and court personnel

using computer and information management systems

making decisions and solving problems

applying operational safety skills

orally communicating briefings, responding to questioning, active listening, reflecting, establishing rapport, negotiating and resolving conflict

applying organisational and time management skills

presenting evidence clearly and concisely at proceedings

witness/victim management skills, in particular cultural awareness skills, ethical behaviours and integrity.

Literacy skills used for:

taking notes

preparing briefs of evidence and exhibit register

writing reports

word processing.

Required knowledge

agency policies and procedures relating to preparation of documents and evidence, and providing expert opinion

different judicial/quasi-judicial systems at which fisheries compliance matters are heard or prosecuted, and their procedures and protocols

general principles of criminal liability

relevant law, including the rules of evidence and continuity of evidence, policy and procedures

role of legal personnel in judicial/quasi-judicial systems

types of evidence admissible in judicial/quasi-judicial systems

use of notes in court/tribunal/commission.

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, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Documents may include:

court brief/summary of facts

items or briefs of evidence

logs

media footage

photographs

radio/telephone records

reports of incidents

reports, legal opinion and other specialist reports

statements

statements/affidavits.

Witnesses may include:

bystanders and experts

those directly involved.

Court preparation may include:

being advised of obligations and format for giving evidence

being advised of the procedure for obtaining witness fees

being kept informed of investigation/court status.

Witness protection procedures may be undertaken by:

specialised section for the case officer and may include bail conditions imposed on the offender.

Documentation used in the monitoring of offenders may include:

bail reports/advice

fact sheets

field reports

reporting cards.

Procedures for monitoring offenders may refer to:

bail conditions

curfew checks

reporting conditions

residential checks.

Appropriate authorities and parties to be advised include:

bail/watch house Officer in Charge

the court.

Liaison with the prosecuting authority may be:

formal or informal and occur before, during or after a trial.

Arrangements, role and involvement may include:

confirmation of evidence required to be presented

confirmation of time

date and location of proceedings.

Proceedings may include:

judicial and quasi-judicial tribunals

rules of court.

Demeanour may include:

appearance

confidence

deportment

dress standard.

Professional standards may include:

concise and articulate manner

impartiality

integrity

language

respect for people and offices held

voice clarity.

Post-court procedures may include:

discussion of possible appeal

implementation of judicial orders, such as for confiscation or destruction of property.

Relevant parties to be notified may include:

government departments

internal and external agencies

other fisheries officers

the witness or witnesses.