This competency does not have application in all states and territories.

ELEMENT

PERFORMANCE CRITERIA

1. Prepare for the trial

1.1. All information required for the trial is gathered, collated and confirmed as available for the duration of the trial.

1.2. Further enquiries are initiated, if necessary, for the prosecution case.

1.3. Witnesses' credibility and reliability are assessed prior to the trial.

1.4. Witnesses are notified of trial dates.

1.5. Witnesses are interviewed before trial and inducted in courtroom processes.

1.6. Unfavourable witness information is disclosed, where appropriate.

1.7. Pre-trial hearings or negotiations are arranged and conducted, if required

1.8. Any alteration to charges is processed according to courtroom procedures and applicable law.

1.9. Prosecution argument is prepared in advance.

2. Undertake prosecution role in trial

2.1. Opening address is effectively presented giving an overview of the prosecution case.

2.2. Prosecution witness is examined and, if necessary, re-examined, and defence witness cross-examined, as required, to prove elements beyond reasonable doubt.

2.3. Questions asked of witness are selected and sequenced to cover all elements and to clarify issues.

2.4. Questions are worded in such a way as to minimise opportunity for defence to propose objections.

2.5. Objections from defence are responded to during examination-in-chief of prosecution witness and during cross-examination of defence witness.

2.6. Objections are proposed during defence cross-examination of prosecution witness and defence examination-in-chief.

2.7. Argument is presented based on fact, law and evidence and in a manner that is decisive, composed and credible.

2.8. The prosecution submissions are presented in such a way that strengthens the prosecution case, minimises the prosecution's weaknesses and minimises the strengths in the defence case.

2.9. Witness support is provided during the trial.

2.10. Advocacy technique is enhanced through effective public speaking and respect for courtroom etiquette.

3. Complete post-trial administrative tasks

3.1. File endorsements are accurately completed in a timely manner.

3.2. Matters arising from the trial are followed up.

Required skills

acting in an advocacy role

directing the case for the prosecution

planning and organising case materials/arguments

presenting argument for the prosecution

researching case materials and notes.

Literacy skills used for:

completing trial related documents/reports

reading and interpreting statements and courtroom documents

researching legal information.

Numeracy skills used for:

calculating additional penalties.

Required knowledge

advocacy techniques that contribute to successful presentation of prosecution case

courtroom etiquette

courtroom procedures for:

addressing the bench and opposing counsel

proposing and responding to objections

trial processes.

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 evidence required to demonstrate competence in this unit

Assessment must confirm the ability to:

effectively present the prosecution case.

Assessment must confirm knowledge of:

trial processes

advocacy techniques that contribute to successful presentation of prosecution case

courtroom procedures for:

addressing the bench and opposing counsel

proposing and responding to objections

courtroom etiquette

law relevant to case and court procedure.

Context of and specific resources for assessment

Assessment is to be conducted at the workplace or in a simulated work environment.

Resources may include:

case studies to use for role-plays

simulated environment, including court, court staff, defence counsel, witnesses and exhibits.

Method of assessment

The following assessment methods are suggested:

questions

role-plays

demonstration of courtroom skills.

Guidance information for assessment

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

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.

Information required for the trial may include:

aids to proof

aspects of law related to the trial

certificates/reports, such as accuracy of measuring devices

criminal records (up to time of trial)

exhibits (location, relevance to allegations)

full briefs/statements.

Objections may be proposed when questions are:

ambiguous

complex

duplicitous

intimidating

leading

poorly phrased

lacking relevance

repetitive.

Advocacy techniques may include:

courtroom etiquette

deportment

developing and presenting a logical and concise argument supported in fact, law and evidence

effectively highlighting strengths in the prosecution case

effectively minimising strengths in the defence case

public speaking skills

utilising prosecution and defence witness effectively to obtain supporting evidence.

Public speaking may incorporate:

manner of presentation appropriate to the task being performed

personal appearance

tone and volume of speech

use of appropriate language.

Courtroom etiquette may include:

courtesy when dealing with court staff

respect for bench and opposing counsel.

Matters may include:

arranging witness fees

clearing exhibits

completing documentation/reports as required

instituting appeal proceedings

notifying witness and any other appropriate parties of court outcomes.

Unit sector

Fisheries compliance

This unit contains employability skills.