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Unit of competency details

SFICPL304 - Support the judicial process (Release 1)

Summary

Usage recommendation:
Current
Mapping:
MappingNotesDate
Supersedes and is equivalent to SFICOMP315A - Support the judicial processUpdated to meet Standards for Training Packages. Removal of one element and amendments to elements and performance criteria to better reflect outcomes. 20/Jun/2019

Release Status:
Current
Releases:
ReleaseRelease date
1 1 (this release) 21/Jun/2019


Classifications

SchemeCodeClassification value
ASCED Module/Unit of Competency Field of Education Identifier 091103 Legal Studies  

Classification history

SchemeCodeClassification valueStart dateEnd date
ASCED Module/Unit of Competency Field of Education Identifier 091103 Legal Studies  21/Jun/2019 
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Unit of competency

Modification History

Release

Comments

Release 1

This version released with SFI Seafood Industry Training Package Version 1.0.

Application

This unit of competency describes the skills and knowledge required to perform a supporting role in the judicial process.

The unit applies to individuals who prepare and manage evidence, support witnesses, present evidence and follow up on the outcomes of proceedings.

Regulatory requirements apply to this unit. Users are required to check with the relevant jurisdiction for current requirements.

Pre-requisite Unit

Nil

Unit Sector

Compliance (CPL)

Elements and Performance Criteria

Elements

Performance Criteria

Elements describe the essential outcomes.

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

1. Prepare and forward court documents

1.1 Prepare own statement of evidence according to jurisdiction legal rules of evidence

1.2 Prepare the brief of evidence based on comprehensive and accurate elements of offences and points of proof

1.3 Ensure brief of evidence complies with jurisdictional, court-required, document formats and presentation standards

1.4 Ensure brief of evidence and management of exhibits comply with jurisdiction legal rules of evidence

1.5 Forward documents including summonses to relevant persons and authorities within required timeframe

2. Manage and support witnesses

2.1 Identify witnesses and arrange court appearances

2.2 Arrange and serve witness summonses in accordance with jurisdictional law to ensure witness attendance at courts

2.3 Maintain liaison and support of witnesses before, during and after the trial

2.4 Support witness preparation in an ethical manner to enable them to present their evidence in court

3. Liaise with and assist prosecuting authority

3.1 Confirm arrangements, role and involvement in court proceedings

3.2 Provide documentation to support the prosecution's case

3.3 Maintain informal and formal communication channels with the prosecuting authority

3.4 Observe and adhere to judicial guidelines, protocols and legal requirements at all times

4. Present evidence

4.1 Adhere to proceedings and protocols relevant to the jurisdiction throughout the court proceedings

4.2 Adhere to rules of evidence relevant to the jurisdiction

4.3 Ensure demeanour is appropriate and evidence is presented to professional standards

4.4 Ensure considered expert evidence is consistent with qualifications and expertise and is provided on request

5. Undertake post-court procedures and follow up outcomes of proceedings

5.1 Return or dispose of property and exhibits following proceedings

5.2 Notify relevant parties of court results in a timely manner

5.3 Discuss, constructively and objectively, avenues of possible further action with a prosecuting authority as necessary

5.4 Note and file the outcomes of the proceedings and complete reports

5.5 Complete any required actions from outcomes of the proceedings

Foundation Skills

This section describes those language, literacy, numeracy and employment skills that are essential for performance in this unit of competency but are not explicit in the performance criteria.

Skill

Description

Numeracy

  • Determines quantities of seized property
  • Measures and compares quantities and weights

Reading

  • Interprets and identifies relevant information and requirements of jurisdictional laws, by-laws and regulations, briefing information and relevant court documents

Writing

  • Prepares detailed and comprehensive briefing evidence and documents
  • Records compliance monitoring activities

Navigate the world of work

  • Interprets and follows regulatory requirements, and seeks clarification or other assistance when required

Interact with others

  • Uses appropriate vocabulary, conventions and protocols, including technical language relevant to role and judicial process, cultural awareness, ethical behaviour and integrity
  • Uses active listening, observational and questioning techniques to confirm and clarify understanding, seek further information, establish rapport, negotiate and resolve conflict

Get the work done

  • Operate and access computer technology to prepare and store documentation
  • Maintain privacy and security of information

Unit Mapping Information

Code and title current version

Code and title previous version

Comments

Equivalence status

SFICPL304 Support the judicial process

SFICOMP315A Support the judicial process

Updated to meet Standards for Training Packages

Removal of one element and amendments to elements and performance criteria to better reflect outcomes

Equivalent unit

Links

Companion Volumes, including Implementation Guides, are available at VETNet: - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=e31d8c6b-1608-4d77-9f71-9ee749456273

 

Assessment requirements

Modification History

Release

Comments

Release 1

This version released with SFI Seafood Industry Training Package Version 1.0.

Performance Evidence

An individual demonstrating competency must satisfy all of the elements and performance criteria in this unit.

There must be evidence that the individual has developed a brief of evidence for at least one court proceeding, including:

  • liaising with witnesses, prosecution authority and court personnel
  • presenting evidence at the proceeding in a clear and concise manner
  • following up on post-proceeding matters.

Knowledge Evidence

An individual must be able to demonstrate the knowledge required to perform the tasks outlined in the elements and performance criteria of this unit. This includes knowledge of:

  • agency policies and procedures relating to preparation of documents and evidence, and providing expert opinion
  • different judicial and quasi-judicial systems at which fisheries compliance matters are heard or prosecuted, and their procedures and protocols
  • general principles of criminal liability
  • relevant law, including the rules of evidence and continuity of evidence, policy and procedures
  • role of legal personnel in judicial and quasi-judicial systems
  • types of evidence admissible in judicial and quasi-judicial systems
  • use of notes in courts, tribunals or commissions
  • witness summons and preparation process and procedures according to jurisdictional law
  • post-court procedures, including reporting outcomes of the proceedings.

Assessment Conditions

Assessment of skills must take place under the following conditions:

  • physical conditions:
  • skills must be demonstrated in a courtroom and legal setting or an environment that accurately represents workplace conditions
  • resources, equipment and materials:
  • case materials, witnesses, and judicial forms
  • specifications:
  • access to judicial guidelines, court protocols and procedures, including witness protection
  • relationships:
  • evidence of interactions with witnesses and legal personnel.

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

Links

Companion Volumes, including Implementation Guides, are available at VETNet: - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=e31d8c6b-1608-4d77-9f71-9ee749456273