Elements and Performance Criteria

The range of variables places the competency in context and allows for differences between enterprises and workplaces, including practices, knowledge and requirements. The range of variables also provides a focus for assessment and relates to the unit as a whole. The following variables may be present.

All information required for the trial:
· full briefs/statements
· certificates/reports such as accuracy of measuring devices
· aids to proof
· criminal records (up to time of trial)
· aspects of law related to the trial
· exhibits (location, relevance to allegations).

Objections:
· intimidation
· relevance
· phrasing
· leading
· repetitiveness
· ambiguous
· complexity
· duplicitous.

Advocacy technique:
Includes any factors that contribute to the successful presentation of a persuasive argument. It may include:
· public speaking skills
· deportment
· courtroom etiquette
· developing and presenting a logical and concise argument supported in fact, law and evidence
· utilising prosecution and defence witness effectively to obtain supporting evidence
· effectively minimising strengths in the defence case
· effectively highlighting strengths in the prosecution case.

Public speaking:
· tone and volume of speech
· manner of presentation appropriate to the task being performed
· use of appropriate language
· personal appearance.

Courtroom etiquette:
· respect for bench and opposing counsel
· courtesy when dealing with court staff.

Matters:
· witness fees arranged
· clearing exhibits
· notifying witness and any other appropriate parties of court outcomes
· instituting appeal proceedings
· completing documentation/reports as required.

Each unit of competency has an evidence guide that relates directly to the performance criteria and the range of variables. Its purpose is to guide assessment of the unit in the workplace and/or training program. The following components provide information to assist this purpose.

Underpinning knowledge
The essential knowledge and understanding a person needs to perform work to the required standard include:
· trial processes
· advocacy techniques that contribute to successful presentation of prosecution case
· courtroom procedures for:
· addressing the bench and opposing counsel
· proposing and responding to objections
· courtroom etiquette
· law relevant to case and court procedure.

Practical skills
The essential skills a person needs to perform work to the required standards include:
· acting in an advocacy role
· researching
· organising.

Literacy skills used for:
· researching legal information
· reading and interpreting Statements and courtroom documents
· completing trial related documents/reports.

Numeracy skills used for:
· calculating additional penalties.

Critical aspects of competence
Assessment must confirm the ability to:
· effectively present the prosecution case.

Assessment must confirm knowledge of:
· trial processes
· advocacy techniques that contribute to successful presentation of prosecution case
· courtroom procedures for:
· addressing the bench and opposing counsel
· proposing and responding to objections
· courtroom etiquette
· law relevant to case and court procedure.

Interdependent assessment of units
This unit may be assessed after/with:
· No recommendations.

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

Method of assessment
The following assessment methods are suggested:
· written or oral short answer testing
· role plays
· observation of practical demonstration of courtroom skills.

Resources required for assessment
Resources may include:
· case studies to use for role plays and simulated environment including court, court staff, defence counsel, witnesses and exhibits.