Unit of competency details

Unit descriptor 

This unit of competency involves participating in courtroom procedures and protocols and presenting evidence in court relating to observations.

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

Application of the unit 

When a person provides evidence of non-compliance to agencies that have the authority to prosecute, that person may be required as a witness to present the evidence in a judicial or quasi-judicial setting.

The observations will not relate to seized items.

Prerequisite units 

Employability skills 

This unit contains employability skills.

Elements describe the essential outcomes of a unit of competency.

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge section and the range statement. Assessment of performance is to be consistent with the evidence guide.

ELEMENT 

PERFORMANCE CRITERIA 

1. Attend briefing with prosecutor

1.1. Briefing  arrangements are confirmed prior to briefing.

1.2. Evidence and relevant documentation required at briefing are confirmed with prosecutor or representative.

1.3. Evidence  and relevant documentation are accurate and presented at briefing in a clear and concise manner.

1.4. Briefing details are recorded and documented and required actions are completed according to prosecutor instructions.

2. Prepare for presentation of evidence

2.1. Confirmation is sought confirming judicial proceedings, including responsibilities and roles.

2.2. Evidence and documentation to be presented are prepared according to prosecutor instructions and organisational policies and procedures .

2.3. Familiarisation with judicial protocols  and procedures is undertaken.

2.4. Evidence to be presented is reviewed for completeness.

3. Present evidence

3.1. Evidence is accurate and presented in court in a clear and concise manner.

3.2. Judicial protocols and procedures are adhered to.

3.3. Prosecutor's instructions throughout proceedings are followed.

3.4. Advice and opinions are provided as requested.

REQUIRED SKILLS AND KNOWLEDGE 

This section describes the skills and knowledge required for this unit.

Required skills 

• presenting evidence in a clear and logical manner in a judicial or quasi-judicial setting
• reviewing evidence
• communicating clearly and concisely.

Literacy skills used for :

• recording briefing details
• preparing statements.

Required knowledge 

• agency policies and procedures relating to evidence
• court room procedures and protocols
• roles and responsibilities of officers of the court
• rules of evidence.

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 the ability to:

• present information in a judicial or quasi-judicial setting
• present evidence in a clear and logical manner in keeping with courtroom protocols and procedures.

Assessment must confirm knowledge of:

• courtroom protocols and procedures
• rules of evidence.

Context of and specific resources for assessment 

Assessment is to be conducted in a workplace or in a simulated courtroom environment.

Resources may include:

• courtroom setting
• evidence relevant to the brief
• prosecution brief.

Method of assessment 

The following assessment methods are suggested:

• observation of practical demonstration
• oral questions and answers
• role-play.

Guidance information for assessment 

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

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.

Briefing  may include:

• telephone
• written correspondence.

Evidence  may include:

• equipment or fish samples
• expert opinion
• field notes
• logbooks and entries
• photographs and drawings
• records of conversations, including:

• email
• face to face
• telephone

• relevant documents
• reports.

Policies and procedures  may include:

• internal memorandums
• minutes
• organisational guidelines
• prosecutor's notes and instructions
• quality standards
• relevant legislation
• standard operating procedures (SOPs).

Protocols  may include:

• forms of communication
• preparation of statement
• recognised codes of practice
• respect for people and the office held
• standard of dress.

Unit sector 

Fisheries compliance

Co-requisite units 

Competency field