PSPREG501B Conduct prosecutions

Revision Number: 1

PSPREG501B Conduct prosecutions

Modification History

Not applicable.

Unit Descriptor

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.

Application of the Unit

Not applicable.

Licensing/Regulatory Information

Not applicable.

Pre-Requisites

Not applicable.

Employability Skills Information

Employability skills	This unit contains employability skills.

Elements and Performance Criteria Pre-Content

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.

Elements and Performance Criteria

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

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

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

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

Unit Sector(s)

Not applicable.

Competency field

Competency field	Regulatory