Unit of competency Outline

Date retreived
22/07/2026 10:53 AM AWST

Whilst all efforts are made to provide accurate and timely information from the relevant source/documentation, please be aware that the information supplied may not be the most current version. The accuracy of the detail has not been confirmed by the Department and therefore should not be relied upon without first confirming the contents.

Conduct prosecutions

Conduct prosecutions

Unit of competency
National Code
PSPREG501B
State Code
C8290
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
3.00
Current Release Date
01/11/2012
View on TGA
State Implementation and Classification
Approved Date
22/07/2014
Field of Education
091101 - Justice Administration
Original Release Date
22/07/2014
Nominal Hours
50
Description
This unit describes the performance outcomes, skills and knowledge required to review a brief of evidence and prosecute offences while acting as the prosecutor in court.No licensing, legislative, regulatory or certification requirements are applicable to this unit at the time of publication.
Notes
Elements and 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 Questions 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.
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 bold italics in the Performance Criteria is explained here.
Briefs may include:
charges
exhibits
exhibit list
evidence records
investigators' reports
witness list
witness statements
precedents
forfeiture orders
extracts
prior convictions
informant’s unsuitable dates for attendance
recommended actions
Proceedings may include:
court hearings
tribunals
trials
pre-trial conferences
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
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.
Critical aspects for assessment and evidence required to demonstrate competency in this unit
In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms consistency of performance in conducting prosecutions.
This will include evidence of:
Conducting at least three actual or simulated prosecutions on three separate occasions or for three different situations/contexts.
adhering to legal, ethical and organisational requirements relating to prosecutions
Context of and specific resources for assessment

Assessment must ensure access to a real or simulated workplace environment that closely resembles normal work practice and replicates the range of conditions likely to be encountered while conducting prosecutions, including coping with difficulties, irregularities and breakdowns in routine.
Access is required to resources such as:
applicable legislation, policies and procedures
case studies and workplace scenarios to capture the range of requirements for situations likely to be encountered
mock court
Method of assessment

Assessment methods suitable for valid and reliable assessment of this unit of competency may include, but are not limited to, a combination of 2 or more of:
case studies
demonstration
observation
written or oral questions
scenarios
simulation or role plays
authenticated evidence from the workplace and/or training courses
Guidance information for assessment
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
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
Replaces
State Code National Code Title Type
C3480 PSPREG501A Conduct prosecutions Unit of competency
Replaced By
State Code National Code Title Type
AWT77 PSPREG020 Conduct prosecutions Unit of competency