Unit of competency Outline

Date retreived
23/07/2026 9:40 AM AWST

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Conduct hearings

Conduct hearings

Unit of competency
National Code
POLPRO005
State Code
AVN25
TGA Status
Current
DTWD Status
Approved
Current Release Number
1.00
Current Release Date
19/10/2015
View on TGA
State Implementation and Classification
Approved Date
30/03/2016
Field of Education
091103 - Legal Studies
Original Release Date
30/03/2016
Nominal Hours
0
Description
This unit describes the skills required to review evidence, prepare a case concept, present a prosecution case, examine defence witnesses, make submissions and objections, and finalise a case. It includes performing prosecution duties in a professional, ethical and accountable manner that ensures public confidence in the police. It also includes reviewing evidence relating to the case and participating in court proceedings.This unit applies to police prosecutors participating in court hearings.The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to, particularly those related to codes of ethics, codes of conduct, court proceedings and prosecution guidelines.Those undertaking this unit would generally work autonomously within a court/justice system environment. They will be required to perform sophisticated tasks and demonstrate adaptability across a broad range of contexts. No licensing, legislative or certification requirements apply to unit at the time of publication.
Notes
Elements and Performance Criteria
1. Review evidence
  • 1.1 Evaluate brief critically to determine applicable rules of evidence.
  • 1.2 Evaluate witness testimony prior to the hearing to determine evidence to be presented.
  • 1.3 Verify evidence is admissible and available for hearing.
  • 1.4 Communicate with stakeholders prior to the hearing to evaluate issues.
2. Prepare case concepts
  • 2.1 Develop case concept utilising the information contained in the brief of evidence.
  • 2.2 Determine presentation of prosecution case in accordance with case concept.
  • 2.3 Identify legal principles to support the case concept.
3. Present prosecution cases
  • 3.1 Present preliminary information to commence hearing.
  • 3.2 Call witnesses to provide evidence to court.
  • 3.3 Elicit evidence in chief from witnesses to cover elements of the offences.
  • 3.4 Tender exhibits to provide evidence to court.
  • 3.5 Record evidence presented by cross-examined witnesses for reference purposes.
  • 3.6 Evaluate evidence presented by cross-examined witnesses critically to determine necessity of re-examination and submissions.
  • 3.7 Re-examine witnesses to clarify witness responses in cross-examination.
4. Examine defence witnesses
  • 4.1 Record evidence provided by defence witnesses for reference purposes.
  • 4.2 Evaluate witness evidence critically to develop cross examination strategy.
  • 4.3 Cross-examine defence witnesses to test credibility of witness and reliability of evidence.
5. Make submissions and objections
  • 5.1 Prepare submissions utilising relevant facts, legislation and case law.
  • 5.2 Evaluate evidence and/or questions critically to determine relevance and admissibility.
  • 5.3 Deliver submissions and objections throughout the hearing.
6. Finalise cases
  • 6.1 Analyse circumstances of the case to determine need for applications.
  • 6.2 Submit applications to obtain court orders.
  • 6.3 Record issues and court outcomes for future reference.
  • 6.4 Process briefs for administrative purposes.
  • 6.5 Communicate with stakeholders to inform them of outcomes.
  • 6.6 Analyse conduct of prosecution case critically to identify areas for improvement.
  • 6.7 Develop recommendations to inform continuous improvement.
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