NTISthis.com

Evidence Guide: SFICOMP407C - Undertake prosecution procedures for magistrate's court

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

 

SFICOMP407C - Undertake prosecution procedures for magistrate's court

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

Adjudicate brief

  1. Brief is assessed to ensure it contains all required documentation relevant to the alleged offence.
  2. A decision is made based on available facts, the law, within the limitations of time, and in accordance with the prosecuting authority's policies.
  3. Documentation is accurately completed and forwarded.
  4. Enquiries are made into the existence of bonds applying to the charged offender and, if necessary, a decision made on estreatment.
Brief is assessed to ensure it contains all required documentation relevant to the alleged offence.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

A decision is made based on available facts, the law, within the limitations of time, and in accordance with the prosecuting authority's policies.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Documentation is accurately completed and forwarded.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Enquiries are made into the existence of bonds applying to the charged offender and, if necessary, a decision made on estreatment.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Attend general court

  1. Defence applications and submissions are responded to, as appropriate.
  2. Prosecution submissions are presented fluently, concisely and as appropriate.
  3. The allegations from the prosecution brief are presented fluently and concisely where a guilty plea has been entered.
  4. All available relevant information and admissible evidence is presented.
  5. Questions from the bench are responded to with available information.
  6. Courtroom conduct and dress is in accordance with accepted court etiquette.
Defence applications and submissions are responded to, as appropriate.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prosecution submissions are presented fluently, concisely and as appropriate.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

The allegations from the prosecution brief are presented fluently and concisely where a guilty plea has been entered.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

All available relevant information and admissible evidence is presented.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Questions from the bench are responded to with available information.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Courtroom conduct and dress is in accordance with accepted court etiquette.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Complete administrative tasks

  1. File endorsements are completed accurately and in a timely manner.
  2. Matters arising from the general court attendance are followed up.
File endorsements are completed accurately and in a timely manner.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Matters arising from the general court attendance are followed up.

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 evidence required to demonstrate competence in this unit

Assessment must confirm ability to:

adjudicate a brief and prosecute in general court.

Assessment must confirm knowledge of:

courtroom procedures

applicable law, office policies and procedures.

Context of and specific resources for assessment

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

Resources may include:

brief (completed)

courtroom procedures

legal and internal documentation

mock general court

office policies and procedures.

Method of assessment

The following assessment methods are suggested:

questions

demonstration of courtroom skills.

Guidance information for assessment

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

Required Skills and Knowledge

Required skills

following courtroom procedures

presenting allegations from the prosecution brief to the court

researching law relevant to the case

researching prior convictions and current bonds as pertaining to charged offender.

Literacy skills used for:

accurately completing legal forms and courtroom documents

reading and interpreting briefs and legal information

researching.

Numeracy skills used for:

calculating additional penalties.

Required knowledge

courtroom etiquette

courtroom procedures:

estreating bonds

negotiating in pre-trial hearings

to oppose or support bail

to oppose, support or request adjournment

office procedures:

addressing the bench

adjudicating of briefs

completing and serving summonses

preparing applications

responding to questions from the bench and other parties

prosecuting authority's policies on adjudication of briefs.

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.

Adjudicate means to:

determine whether an offence has been committed, and if so, what charges will be laid. Adjudication may be the responsibility of a prosecution unit within the compliance agency, or it may be the responsibility of the Crown.

Documentation includes both:

where charge is to be laid:

legal document (complaint and summons) prepared, signed by relevant authority and forwarded to appropriate section to be served on the alleged offender

where no charge is laid:

an internal document is completed and filed in accordance with policy.

Accurately completed includes:

correct at law

free of clerical error.

Available relevant information may include:

adjournment applications

applications for court orders

bail applications

estreated bonds

guilty pleas

pre-trial hearings

prior convictions

prosecuting allegations.

Matters may include:

any necessary enquiries are conducted

clearing exhibits

completing documentation/reports as required

instituting appeal proceedings

notifying appropriate parties of magistrate's court outcomes.