Unit of competency Outline

Date retreived
23/07/2026 10:13 AM AWST

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Prepare a brief of evidence

Prepare a brief of evidence

Unit of competency
National Code
PSPREG409B
State Code
C8277
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
07/07/2014
Field of Education
091105 - Police Studies
Original Release Date
07/07/2014
Nominal Hours
10
Description
This unit covers the competency to prepare a brief of evidence. It includes analysing evidence, preparing and reviewing admissible evidence, developing a brief of evidence and coordinating witnesses.In practice, preparing a brief of evidence may overlap with other generalist or specialist public sector work activities such as acting ethically, complying with public sector legislation, applying government processes, gathering and analysing information.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Notes
Elements and Performance Criteria
1. Analyse evidence
  • 1.1 All related information is considered, whether likely to be admissible as evidence, or not.
  • 1.2 Information is cross-checked to confirm origin, authenticity and reliability, and to anticipate challenge/s that may occur.
  • 1.3 Gaps and inadequacies are identified and assessed to allow further collection of evidence where possible.
  • 1.4 Information is handled and stored in accordance with legislative requirements and organisational policy and procedures.
2. Prepare and review admissible evidence
  • 2.1 Witness and expert statements are prepared in accordance with legislative requirements and organisational policy and procedures.
  • 2.2 Evidence is prepared in accordance with legislative requirements and organisational policy and procedures.
  • 2.3 All evidence is included in the brief that is likely to be admissible by the court.
  • 2.4 Non-admissible evidence is separated and retained.
  • 2.5 Similar proofs are identified and reviewed to confirm that evidence is sufficient to proceed to prosecution.
  • 2.6 Security, recording and continuity of evidence are maintained in accordance with legislative requirements and organisational policy and procedures.
3. Develop a brief of evidence
  • 3.1 Brief of evidence is planned and prepared according to standards required by the prosecution.
  • 3.2 All required information is included in the brief and meets all legal requirements.
  • 3.3 Brief is provided to prosecution and other parties as required by law and organisational requirements.
  • 3.4 When required, counsel is briefed on the case and any circumstances that may affect the progress and outcomes.
4. Coordinate witnesses
  • 4.1 When required, expert witnesses are identified, familiarised with the evidence, and utilised in accordance with organisational policy and procedures.
  • 4.2 When required, witness summonses are organised in accordance with legal and organisational requirements.
  • 4.3 Contact is maintained with witnesses to ensure cooperation, communication and attendance at proceedings.
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.
Evidence may include:
documentary, real and oral evidence
statements
interviews
exhibits
Required standards may include:
having the brief reviewed by a legal authority to ensure completeness, accuracy, whether a prima facie case exists, and the likelihood of success
correlating witness statements to exhibits
Prosecution may include:
organisation's prosecutor or prosecuting team
State/Territory/Commonwealth government prosecution authority
Crown solicitor
Information required in a brief of evidence may include:
precedents
relevant sections of legislation
witness statements
records of interview
admissible evidence
other evidence
Witnesses may include:
organisational personnel
professionals/experts
those with specific needs such as:
distressed persons
hostile witnesses
minors
complainants
Proceedings may include:
courts
tribunals
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 units that must be achieved prior to this unit:Nil
Co-requisite units that 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:
PSPETHC401A Uphold and support the values and principles of public service
PSPLEGN401A Encourage compliance with legislation in the public sector
PSPGOV422A Apply government processes
PSPREG401C Exercise regulatory powers
PSPREG407B Produce formal record of interview
PSPREG411A Gather information through interviews
PSPREG412A Gather and manage evidence
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)
preparing a brief of evidence in a range of (3 or more) contexts (or occasions, over time)
Resources required to carry out assessment
These resources include:
legislation, regulations, policy, guidelines and standards
public sector values and codes of conduct
case studies and workplace scenarios to capture the range of situations likely to be encountered when preparing a brief of evidence
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 preparing a brief of evidence, including coping with difficulties, irregularities and breakdowns in routine
preparing a brief of evidence in a range of (3 or more) contexts (or occasions, over time)
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
portfolios
projects
questioning
scenarios
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
Replaces
State Code National Code Title Type
C3478 PSPREG409A Prepare evidence Unit of competency
Replaced By
State Code National Code Title Type
AWT86 PSPREG010 Prepare a brief of evidence Unit of competency