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.

Adjudicate:
Determine whether an offence has been committed, and if so, what charges will be laid. Adjudication may be the responsibility of a prosecution unit within the compliance agency, or it may be the responsibility of the Crown.

Documentation:
· where charge is to be laid:
· legal document (complaint and summons) prepared, signed by relevant authority and forwarded to appropriate section to be served on the alleged offender
· where no charge is laid:
· an internal document is completed and filed in accordance with policy.

Accurately completed:
· correct at law
· free of clerical error.

Available relevant information:
· applications for court orders
· bail applications
· adjournment applications
· guilty pleas
· prosecuting allegations
· prior convictions
· estreated bonds
· pre-trial hearings.

Matters:
· clearing exhibits
· notifying appropriate parties of magistrate's court outcomes
· instituting appeal proceedings
· completing documentation/reports as required
· any necessary enquiries are conducted.

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:
· courtroom procedures:
· to oppose, support or request adjournment
· to oppose or support bail
· negotiating in pre-trial hearings
· estreating bonds
· office procedures:
· adjudicating of briefs
· completing and serving summonses
· responding to questions from the bench and other parties
· addressing the bench
· preparing applications
· prosecuting authority's policies on adjudication of briefs
· courtroom etiquette.

Practical skills
The essential skills a person needs to perform work to the required standards include:
· following courtroom procedures
· researching prior convictions and current bonds as pertaining to charged offender
· presenting allegations from the prosecution brief to the court
· researching law relevant to the case.

Literacy skills used for:
· reading and interpreting briefs, legal information
· accurately completing legal forms and courtroom documents.

Numeracy skills used for:
· calculating additional penalties.

Critical aspects of competence
Assessment must confirm ability to:
· adjudicate a brief and prosecute in general court.

Assessment must confirm knowledge of:
· courtroom procedures
· applicable law, office policies and procedures.

Interdependent assessment of units
This unit may be assessed with:
SFICOMP503B - Undertake the prosecution in a trial.

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
· practical demonstration of courtroom skills.

Resources required for assessment
Resources may include:
· brief (completed)
· mock general court
· legal and internal documentation
· office policies and procedures
· courtroom procedures.