Application
This unit applies to individuals who apply knowledge of a range of principles in criminal law matters. Its application in the workplace will be determined by the job role of the individual and the legislation, rules, regulations and codes of practice relevant to different jurisdictions. |
Elements and Performance Criteria
ELEMENT | PERFORMANCE CRITERIA |
1. Identify laws related to criminal law | 1.1. Source legislation, regulations and policies relevant to criminal law 1.2. Interpret key legal principles as they apply to criminal law matters |
2. Enhance professional practice through application of relevant principles of criminal law | 2.1. Identify different criminal matters, defences, types of hearings, criminal jurisdictions and types of courts and explain relationships between them 2.2. Receive call from client or police and communicate details of client charge and bail status to legal practitioner |
3. Draft and process documents involved in criminal law matters | 3.1. Prepare letters and other documents for legal practitioner for review and sign-off according to organisation's policies and procedures 3.2. Determine types of costs in accordance with legislative and regulatory requirements for costing legal services 3.3. Ensure documents are despatched according to instructions 3.4. Facilitate liaison and communication between the parties 3.5. Maintain files, noting critical dates and reminders |
Required Skills
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Required skills |
communication skills to: give and interpret instructions clarify discussions provide required information literacy skills to: follow complex legal procedures complete documentation summarise cases edit and proofread documentation for accuracy and consistency of information research skills to: locate necessary information from external sources identify and evaluate status of information organisational skills to make arrangements and appointments technology skills to: operate office equipment use a range of common software packages |
Required knowledge |
scope of job role in the context of legislation, regulations and codes of practice in relevant jurisdictions relevant court processes, current legislation, legal processes and required documentation organisation'srequired policies and procedures for the full range of tasks covered legal terminology, including that specific to criminal law criminal law as applicable to the scope of workplace responsibilities accepted codes of practice relevant to the workplace, including those relating to: privacy and confidentiality use of company property duty of care ethical behaviour non-discriminatory practice conflict of interest compliance with reasonable direction legislative requirements, which may relate to: client and firm (e.g. Consumer Credit Code, Privacy Act and secrecy laws) criminal law relevant commonwealth, state or territory legislation schedules of fees and duties payable tort, equity and statute law trust accounts |
Evidence Required
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 | Evidence of the ability to: prepare appropriate documentation and information according to organisation's policies and procedures and provide to clients at the appropriate time treat clients in a sensitive, discreet and professional manner conduct work within accepted codes of conduct, including those relating to maintaining confidentiality, use of company property, duty of care, ethical behaviours, privacy, non-discriminatory practice, conflict of interests and compliance with reasonable direction demonstrate knowledge of criminal law as applicable to the scope of workplace responsibilities. |
Context of and specific resources for assessment | Assessment must ensure access to: an actual workplace or simulated environment workplace manuals and reference materials, such as company policies, procedural manuals, checklists, documentation and sample forms background information on courts, their jurisdiction and behavioural requirements appropriate technology, such as computers with relevant software appropriate texts and people with expert knowledge, such as legal practitioners appropriate legislation and regulations relevant to common legal matters. |
Method of assessment | A range of assessment methods should be used to assess practical skills and knowledge.The following examples are appropriate for this units: analysis of responses to case studies and scenarios direct questioning combined with review of portfolios of evidence and third-party workplace reports of on-the-job performance by the candidate observation of role plays review of summaries made of common law cases review of possible barristers' details forwarded to instructing legal practitioners review of briefs prepared for barrister in conjunction with instructing legal practitioner oral or written questioning to assess knowledge of legal terminology specific to criminal law. |
Guidance information for assessment | Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended. |
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. | |
Legislation, regulations and policies may include: | criminal law government regulations and policies relating to criminal law matters relevant commonwealth, state or territory legislation. |
Different criminal matters may relate to: | assault excusable homicide homicide manslaughter murder property offences, including theft and larceny unlawful sexual intercourse. |
Defences may relate to: | automatism denial duress ignorance of the law infancy insanity intoxication irresistible impulse or provocation mistake of fact necessity self-defence. |
Types of hearings may include: | committal indictable, for example felonies/crimes and misdemeanours summary. |
Jurisdiction over criminal matters may include variances between: | Australian government local law states and territories. |
State courts in which criminal cases are heard: | county/district magistrates supreme. |
Client may include: | defendant prosecutor victim. |
Documents may include: | account adjournment letters affidavits artefacts briefs clinical reports confirming/reporting letter to client outlining results of court hearing court forms court reminder letters expert reports hospital discharge summaries letters medical reports photographs pleading documents records of prior convictions subpoena summary of matter videos witness statements writs. |
Organisation's policies and procedures may include: | engaging barristers engaging experts individual procedures adopted by instructing legal practitioner protocol for accommodating specific client needs, e.g. case manager, social worker or parole officer protocol for contacting clients, e.g. translator or interpreter recording information security, confidentiality and privacy procedures verifying and authorising information. |
Documents may be despatched to the following: | Attorney General's office client court Crown Crown Solicitor's office Department of Public Prosecutions government organisation opposing party opposing party's legal representative police service agency sheriff. |
Sectors
Unit sector |
Competency Field
Administration - legal administration |
Employability Skills
This unit contains employability skills. |
Licensing Information
Not applicable.