Unit of competency details

Unit descriptor 

This unit covers review of a brief of evidence and prosecution of offences (while acting as the prosecutor in court). It includes preparing for a prosecution, and conducting the prosecution.

In practice, conducting a prosecution may overlap with other public sector work activities such as promoting ethical practice and compliance with legislation, undertaking research and analysis, etc.

This unit replaces and is equivalent to PSPREG501A Conduct prosecutions .

Employability skills 

This unit contains employability skills.

Elements are the essential outcomes of the unit of competency.

Together, performance criteria specify the requirements for competent performance. Text in bold italics  is explained in the Range Statement following.

ELEMENT 

PERFORMANCE CRITERIA 

1 . Prepare for prosecution 

1.1 Brief  of evidence is reviewed and clarified with the apprehending officer, where necessary, prior to court proceedings 

1.2 Precedents are identified as relevant

1.3 Questios are prepared to address the facts of the brief

1.4 Personnel involved are fully briefed in accordance with legal and organisational requirements

1.5 Parameters for negotiating out of court are agreed prior to prosecution with authorised organisational personnel

2 . Conduct a prosecution 

2.1 Evidentiary procedures  are followed and prosecution is conducted according to court processes, protocols  and organisational instructions

2.2 Personal presentation is maintained in accordance with organisational requirements

2.3 File endorsements are completed in accordance with legislative and organisational requirements

2.4 Matters  arising from proceedings are followed up/completed in accordance with legislative and organisational requirements

2.5 The outcome of the prosecution is reviewed to provide timely input/recommendations for handling future cases 

REQUIRED SKILLS AND KNOWLEDGE 

This section describes the essential skills and knowledge and their level, required for this unit.

Skill requirements 

Look for evidence that confirms skills in:

making presentations including participating in complex oral exchanges in briefing sessions and in court

reading complex, lengthy documents to ascertain key elements

undertaking research to identify precedents

compiling and putting questions

responding to diversity, including gender and disability

applying procedures relating to occupational health and safety and environment in the context of prosecuting duties

Knowledge requirements 

Look for evidence that confirms knowledge and understanding of:

court prosecution process, procedures and protocols

court conduct

enabling legislation and offences

sections of the Evidence Act

types of evidence

rules of evidence

possible defences

burden of proof

role of expert witnesses

hearsay

equal employment opportunity, equity and diversity principles

public sector legislation relating to occupational health and safety and environment in the context of conducting prosecutions

EVIDENCE GUIDE 

The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole. It must be read in conjunction with the Unit descriptor, Performance Criteria, the Range Statement and the Assessment Guidelines for the Public Sector Training Package.

Units to be assessed together 

• Pre -requisite  unitsthat must  be achieved prior  to this unit:Nil 
• Co -requisite  unitsthat must  be assessed with  this unit:Nil 
• Co -assessed units  that may  be assessed with this unit to increase the efficiency and realism of the assessment process include, but are not limited to:

PSPETHC501B Promote the values and ethos of public service

PSPGOV504B Undertake research and analysis

PSPGOV505A Promote diversity

PSPGOV507A Undertake negotiations

PSPGOV512A Use complex workplace communication strategies

PSPLEGN501B Promote compliance with legislation in the public sector

Overview of evidence requirements 

In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms:

• the knowledge requirements of this unit
• the skill requirements of this unit
• application of the Employability Skills as they relate to this unit (see Employability Summaries in Qualifications Framework)
• conduct of prosecutions in a range of (3 or more) contexts

Resources required to carry out assessment 

These resources include:

• legislation, policy, procedures and protocols relating to prosecution of offences
• the organisation's enabling legislation and offences
• case studies and workplace scenarios to capture the range of prosecution situations likely to be encountered

Where and how to assess evidence 

Valid assessment of this unit requires:

• a workplace environment or one that closely resembles normal work practice and replicates the range of conditions likely to be encountered when conducting prosecutions, including coping with difficulties, irregularities and breakdowns in routine
• conduct of prosecutions in a range of (3 or more) contexts

Assessment methods should reflect workplace demands, such as literacy, and the needs of particular groups, such as:

• people with disabilities
• people from culturally and linguistically diverse backgrounds
• Aboriginal and Torres Strait Islander people
• women
• young people
• older people
• people in rural and remote locations

Assessment methods suitable for valid and reliable assessment of this competency may include, but are not limited to, a combination of 2 or more of:

• case studies
• demonstration
• observation
• questioning
• scenarios
• simulation or role plays
• authenticated evidence from the workplace and/or training courses

For consistency of assessment 

Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments

RANGE STATEMENT 

The Range Statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The Range Statement also provides a focus for assessment. It relates to the unit as a whole. Text in italics  in the Performance Criteria is explained here.

Briefs may include 

• evidence records
• investigators' reports
• witness statements
• precedents
• recommended actions

Proceedings may include 

• court hearings
• tribunals
• trials

Evidentiary procedures may include 

• aspects of evidence in chief, cross-examination and re-examination

Protocols may include 

• court proceedings
• standards of dress
• forms of address

Matters arising may include 

• completing documentation/reports
• dealing with exhibits
• notifying outcomes
• arranging for witness fees
• appeal proceedings

Cases may include 

• ex parte
• plea of guilty
• argued matters

Competency field 

Regulatory