BSBLEG526
Apply legal principles in criminal law matters


Application

This unit describes the skills and knowledge required to carry out administrative tasks within criminal law frameworks.

The unit applies to individuals who use well-developed skills and a broad knowledge base to provide support in a range of legal service settings. They apply solutions to a range of unpredictable problems and analyse and evaluate information from a variety of sources.

Its application in the workplace is determined by the job role of the individual and legislation, rules, regulations and codes of practice relevant to different jurisdictions.

No licensing, legislative or certification requirements apply to this unit at the time of publication.


Elements and Performance Criteria

ELEMENT

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. Prepare to apply principles of criminal law

1.1 Identify task requirements

1.2 Identify key criminal law elements for analysis according to task requirements

1.3 Identify key provisions of legislation and common law, policies or procedures according to task requirements

2. Apply elements of criminal law

2.1 Analyse legal matter relevant to criminal law

2.2 Evaluate information according to task requirements

2.3 Prepare deliverable according to task and organisational requirements

3. Finalise deliverable

3.1 Review deliverable with supervisor

3.2 Amend and sign-off according to organisational policies and procedures

3.3 Despatch document according to organisational requirements

Evidence of Performance

The candidate must demonstrate the ability to complete the tasks outlined in the elements, performance criteria and foundation skills of this unit, including evidence of the ability to:

apply criminal law principles in at least four different matters.

In the course of the above, the candidate must:

prepare to apply principles of criminal law according to task requirements

apply elements of criminal law to prepare a deliverable

review and amend deliverable according to feedback from supervisor

despatch deliverable according to organisational policies and procedures.


Evidence of Knowledge

The candidate must be able to demonstrate knowledge to complete the tasks outlined in the elements, performance criteria and foundation skills of this unit, including knowledge of:

scope of job role in the context of legislation, regulations and codes of practice

relevant court processes

key principles of criminal law

types of criminal matters, defences, hearings, criminal jurisdictions

types of courts and their interrelationship

process for receiving and relaying calls regarding client charge and bail status

document preparation process for letters and documents

content and formatting requirements of selected deliverable

key provisions of criminal law legislation

documentation required in criminal law matters

organisational required policies and procedures for criminal law matters.


Assessment Conditions

Skills in this unit must be demonstrated in a workplace or simulated environment where the conditions are typical of those in a working environment in this industry.

This includes access to:

workplace policies and procedures and reference materials relevant to performance evidence

background information on courts, their jurisdiction and behavioural requirements

appropriate legislation and regulations relevant to fulfil performance criteria.

Assessors of this unit must satisfy the requirements for assessors in applicable vocational education and training legislation, frameworks and/or standards.


Foundation Skills

This section describes language, literacy, numeracy and employment skills incorporated in the performance criteria that are required for competent performance.

Skill

Description

Reading

Gathers, interprets and analyses complex textual information from a range of sources and identifies relevant and key information

Writing

Uses clear, accurate and relevant language to organise, liaise, record and update information and complete workplace documentation according to organisational protocols

Oral Communication

Provides clear explanations using language and features appropriate to the audience

Employs listening and questioning techniques to confirm understanding

Numeracy

Interprets numerical information and makes mathematical calculations to determine legal services costs

Self-management

Takes full responsibility for following policies, procedures and legislative requirements

Selects the appropriate form, channel and mode of communication for a specific purpose relevant to own role

Planning and organisation

Plans, prioritises and completes complex tasks according to legal and organisational requirements


Sectors

Technical Skills – Legal Services