Course Title: Conduct prosecutions

Part B: Course Detail

Teaching Period: Term2 2016

Course Code: JUST5745C

Course Title: Conduct prosecutions

School: 365T Global, Urban and Social Studies

Campus: City Campus

Program: C6124 - Advanced Diploma of Justice

Course Contact: Irene Pagliarella, Program Manager

Course Contact Phone: +61 3 9925 4581

Course Contact Email:

Name and Contact Details of All Other Relevant Staff

Georgy Dumas

Nominal Hours: 80

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

Successful completion of, or demonstrated equivalence to, the following units of competency:

VU20868 Apply foundation legal principles
VU20869 Work within the criminal justice system
VU20870 Apply writing and presentation skills within a justice environment
VU20871 Support the management of adult offenders within the Victorian correctional framework
PSPOHS401B Implement workplace safety procedures and programs
PSPETHC401A Uphold and support the values and principles of public service

And ONE of the following electives:

CHCAOD402B Work effectively in the alcohol and other drugs sector
LGACOM406A Investigate alleged breaches of legislation and prepare documentation

Course Description

In this course you will develop the skills and knowledge required to review a brief of evidence and prosecute offences while acting as the prosecutor in court.

National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

PSPREG501B Conduct prosecutions


1. Prepare for prosecution

Performance Criteria:

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

Performance Criteria:

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.

Learning Outcomes

On completion of the course, you will be able to:

-Demonstrate integrated knowledge and skills related to the elements and their performance criteria’s
-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

Details of Learning Activities

You will participate in a variety of learning activities. They include the following:
class activities:
• Lectures
• Observations
• Demonstrations
• Presentations
• Class discussions
• Oral and written questioning
• Incursion/guest speakers

Out of class activities:
• Readings/Research activities
• Case studies
• Observations
• Excursions /Crime Scene Investigation Camp and Moot Court
• Knowledge-based tests/questionnaires

Teaching Schedule

Week 1

Welcome and overview of subject and assessment requirements for formative and summative assessments
Class discussion:
-What is prosecution?
-Who is a prosecutor?
-Values and prosecutorial ethics

Week 2

Enabling legislation
Authority to prosecute
State prosecutions v. Private prosecutions
Police prosecutions v. State prosecutions
Agencies prosecutions v. State prosecutions
Local government prosecution processes

Week 3

Introduction to briefs of evidence
Evidence Act
Evidence – types & rules
Inclusionary rules
Exclusionary rules

Week 4


Criminal Procedure Act 2009 – Students short presentations on selected and relevant sections of the Act and relevant case law simulating complex oral exchanges
Filing of charges
Commencement of proceedings

Week 5

Briefs of evidence reviews
Victoria Police Manual
Court requirements
Guest lecture - Industry expert

Week 6

Court hearing
Court processes & pre-trial requirements
Type of trials/hearings
Court etiquette & protocols
Standard of dress/deportment

Week 7

Briefs of evidence clarified with informant
Undertake research
Identify precedents
Identify key elements
Substantiate evidence
Needs of particular groups in court
Respond to diversity

Week 8


Students presentations on selected, relevant and agreed topics and relevant case law simulating complex oral court exchanges

**Mid semester Break – no classes**

Week 9

Notes and their values
Contemporaneous notes and their uses
Law relating to use of notes in court
Relevant cases
Evidence Act

Week 10


Students presentations on selected and relevant topics and relevant case law simulating complex oral court exchanges

Possible defences
Stage of evidence

Week 11

Compiling & putting questions
Questions structure
Leading questions or not
Search for the truth & facts
Preparation for camp & OHS

Week 12



Conduct prosecution Practical & presentations
In conjunction with Investigative Processes & Crimes Scene


Week 13

File endorsement
Complete court documentation/reports
Matters arising from prosecution to be followed

Week 14

Client briefing
Appeals and appeal proceedings
Recommendation for future cases

Week 15



Preparation for final conduct prosecutions assessment

Week 16



Week 17



Week 18



NOTE: While your teacher will cover all the material in this schedule, the order is subject to change depending on class needs and availability of speakers and resources.

It is strongly advised that you attend all sessions in order to engage in the required learning activities, ensuring the maximum opportunity to gain the competency.

We expect that students engage in learning through a combination of lectures, individual reading and study, meaningful feedback on written work and structured activities that encourage critical thinking and the development of discipline specific knowledge and practical skills.

Students are active participants and this course prioritises learning by doing. It is essential that students take ownership of their studies and work on developing skills as independent learners in time allocated away from lectures and class time.

As a student you need to demonstrate both knowledge and practical skills relevant to the course content within the classroom environment. Engagement with educators and other students is critical to you maximising learning opportunities and achieving satisfactory results. Participation in classroom discussion and activities will allow educators to apply observational assessment during role-plays, exercises and assignments and provide you with feedback.

You will be required to sign an attendance sheet and if you are absent from class, it is your responsibility to advise your educator and complete any written tasks that may have been allocated.

Students are required to carefully plan and use their time productively and submit assessments as required. All assessments tasks should be researched and drafted well in advance of the set submission dates.

The course will use blended learning techniques, including; lectures, discussions, activities in class and learner directed activities supported by a range of resources available in class and on Blackboard system

Feedback - You will receive verbal and written feedback on your work. This feedback also includes suggestions on how you can proceed to the next stage of developing your projects. Student feedback at RMIT

Student Progress
Monitoring academic progress is an important enabling and proactive strategy to assist you to achieve your learning potential. Student progress policy

Learning Resources

Prescribed Texts

Corns., C. (2014) 'Public Prosecution in Australia' Law, policy and practice, Thomson Reuters (Professional) Australia Limited, Pyrmont NSW

All required readings and case studies will be available either:
Via My RMIT/Studies Blackboard
Handed out in class as a hard copy
Accessible by CD/DVD
Via the internet/assigned website
Accessible via the RMIT Library


Other Resources

GUSS Skills Central ( is a site developed specifically for students in the School of Global, Urban and Social Studies at RMIT. It provides links to a range of resources for supporting student work on assessments and negotiating university studies more generally.

Overview of Assessment

Assessments may incorporate a variety of methods including role plays, observations, lectures, tutorials, class discussion, reports, group/individual training workshops, and audio-visual presentations.

Assessment Tasks

Formative assessment (Ungraded formative assessments)
Candidates will be required to provide evidence of progress on a regular basis in the effective application of knowledge and skills and demonstrate understanding of the Criminal Procedures Act 2009, the Criminal law, relevant legislation; the defences to crime and the procedures and processes involved in the prosecution of an accused. Candidates will receive immediate feedback and remedial training.

Assessment instruments used by the educator/assessor
There are two (2) assessable tasks to be completed they are;
• Three simulated prosecutions with different situation each - 20% each simulated prosecution. Overall value 60%
• Written examination on legislation, policies, guidelines, ethics requirements relating to prosecutions -40%

Students must achieve competency IN ALL assessment tasks to PASS this subject.

Assessment Matrix

This is available via MyRMIT/Studies.
The assessments have been designed to cover all Learning Outcomes and will be graded in accordance with RMIT’s Mark Table which is as follows:

CHD Competent with High Distinction
CDI Competent with Distinction
CC Competent with Credit
CAG Competency Achieved - Graded
NYC Not Yet Competent
DNS Did not Submit for Assessment
Grades which apply to course delivered in accordance with competency-based assessment (not-graded)

CA Competency Achieved
NYC Not Yet Competent
DNS Did Not Submit For Assessment

Assessment Deadlines
Any due date for any assignment is to be considered a deadline. You can submit work at any time prior to the submission date, but it must be into the Administration office by close of business (5pm) of the day the submission is due.

Assessment Format

As a student of the Justice VE program, it is expected that you adhere to the following criteria regarding essays/research/reports;
1. For a CERTIFICATE IV written assessment task/s – no less than 1500 words, 3 academic references and ONE in-text citation per paragraph.
2. A paragraph is usually between 200 – 250 words.
3. A sentence is usually between 20 - 25 words.
4. American Psychological Association (APA) Referencing Style is the EXPECTED referencing style for the school of Criminal Justice (VE).
5. We highly recommend that all students download a copy of the APA Referencing Guide which is available on the Blackboard or purchase a Pocket Guide to APA style from the campus bookshop.
6. APA Referencing system is to be used and all in-text citations must be recorded according to APA standards.
7. An academic reference is a scholarly source (journal articles that are peer reviewed, a published book, an approved government or organisation website etc).
8. Written reports, research projects or essays are to demonstrate an understanding of the concepts and familiarity with the prescribed or negotiated topics
9. It is expected that all submitted work will be well written, with clear and consistent grammar, expression and punctuation. It must be well structured and address the issues raised in the chosen topic in a logical ordered and organised manner.
10. Written submissions must demonstrate appropriate preparation, reading and research.
11. Double or 1.5 spacing and a font size of 10-12 must be used in either Arial or Times Roman. Do not submit double paged assessments.
12. All assignments to be submitted via the Drop Box (Building 37, level 2) and submitted via email to the Advanced Diploma email address to verify submission ( Assessments must be submitted by 5pm (close of business).
13. Written assessments will also be submitted with a Turnitin Report attached (as instructed by your Educator).


Other Information

Please refer to RMIT student page for extensive information about study support, assessment, extensions, appeals and a range of other matters:

All assessment tasks are required to be completed to a satisfactory level and by the DUE DATE. If you are unable to complete any piece of assessment by a due date, you will need to apply for an extension.

In accordance with RMIT policy, you may apply for an extension where there have been unexpected or extenuating circumstances, e.g.

• Hospital admission, serious injury, severe asthma, severe anxiety or depression. This does not include minor illness such as a cold, period pain or hay fever.
• Loss or bereavement – e.g. death of a close family member, family/relationship breakdown.
• Hardship/trauma – e.g. victim of crime, sudden loss of income or employment, severe disruption to domestic arrangements.

You must keep a copy of your assessment until the graded submission has been returned or marks have been posted.

All email communications will be sent to your RMIT student email address.

An extension up to seven calendar days may be granted if good reason can be demonstrated. Include supporting evidence (such as medical certificates) with your application.

Extensions will not be granted where the relevant Course Coordinator/Program Manager is not satisfied that the student took reasonable measures to avoid the circumstances that contributed to the student being unable to submit the progressive assessment.

Extensions beyond seven calendar days cannot be granted by Course coordinators or individual educators.

Longer extensions

Extension of time longer than 7 days can only be granted through special consideration.

Please refer to the RMIT student page for extensive information about study support, assessment, extensions, appeals and a range of other matters:

Applying for Special Consideration

If you are seeking an extension of more than seven calendar days (from the original due date) you must lodge an Application for Special Consideration form, preferably prior to, but no later than two working days after the official due date. Late applications will only be accepted in exceptional circumstances.
For information about Special Consideration and how to apply, see:

Assignment Submissions:

The submission of assessments on the due date is the responsibility solely of the student. Students should not leave assignment preparation until the last minute and must plan their workloads so as to be able to meet advertised or notified deadlines. 

If you have not been granted an extension or special consideration, you need to submit any work that has been completed on the due date.

The penalty for assignments submitted late will be 5% of the maximum mark per day late or part thereof.

Weekends and holidays will attract the same penalty as weekdays.

Assignments that are late by 7 days or more will not be marked and will be awarded zero.

Cover Sheet for Submissions

All assessment items are to be submitted with a University Assessment Coversheet. Students are responsible for ensuring they complete all sections of the Cover Sheet and that they have agreed to the Academic Integrity Declaration.

You must complete a submission cover sheet for every piece of submitted work, including online submissions. This signed sheet acknowledges that you are aware of the plagiarism implications.

Retention of Assessments

The University is required to retain all essays, assignments, and other assessment materials for a minimum of six months from the date of issue of results.

At the completion of the six-month period, students can collect their assessments or assessment material may be destroyed. Material that relates to appeals that have not yet been finally determined will not destroyed.

Assessment Appeals

If you believe your assessment result or final result is wrong please contact the course coordinator and provide the reason why you think your result is incorrect. Valid reasons for seeking a review of results include:
• You believe an error has occurred in the calculation of the grade; or,
• You believe the assessment did not comply with criteria published in the Course Guide; or,
• You believe the assessment did not comply with University Policies on Assessment (i.e. an error in process has occurred).
• Full details of the procedure (including appeals procedure) can be located at this RMIT site:

Academic Integrity and Plagiarism - RMIT University has a strict policy on plagiarism and academic integrity. Please refer to the website for more information on this policy go to Academic Integrity.

Academic integrity means honesty and responsibility in scholarship through respecting the work of others whilst having the freedom to build new insights, new knowledge and ideas. RMIT University upholds the values of academic integrity as fundamental to the scholarship undertaken by all members of its community. Whenever you refer to another person’s research or ideas (either by directly quoting or paraphrasing them) you must acknowledge your source.
If you are even in doubt about how to properly cite a reference, consult your lecturer or the academic integrity website:

The RMIT library provides tools to assist with your referencing

Plagiarism and Collusion

Plagiarism and collusion constitute extremely serious academic misconduct, and are forms of cheating. You are reminded that cheating, whether by fabrication, falsification of data, or plagiarism, is an offence subject to University disciplinary procedures. Plagiarism is the presentation of the work, idea or creation of another person as though it is your own. It is a form of cheating and is a very serious academic offence that may lead to expulsion from the University. Plagiarised material can be drawn from, and presented in, written, graphic and visual form, including electronic data, and oral presentations. Plagiarism occurs when the origin of the material used is not appropriately cited. Plagiarism is not acceptable.

Examples of plagiarism include:

• Copying sentences or paragraphs word-for-word from one or more sources, whether published or unpublished, which could include but is not limited to books, journals, reports, theses, websites, conference papers, course notes, etc. without proper citation;
• Closely paraphrasing sentences, paragraphs, ideas or themes without proper citation;
• Piecing together text from one or more sources and adding only linking sentences;
• Copying or submitting whole or parts of computer files without acknowledging their source;
• Copying designs or works of art and submitting them as your original work;
• Copying a whole or any part of another student’s work; and
• Submitting work as your own that someone else has done for you.
• Enabling Plagiarism: the act of assisting or allowing another person to plagiarise or to copy your own work is also an offence.
For further information, please see the RMIT Plagiarism Policy –;ID=sg4yfqzod48g1 – and the RMIT Student Discipline Statute and Regulations -;ID=11jgnnjgg70y

Plagiarism Software

The originality verification software Turnitin may be used in this course. For details, see:


Student complaints

RMIT University is committed to providing a harmonious study and work environment for all students and staff. The University recognises your right to raise concerns about academic, administrative or support services without recrimination and has policies and procedures to assist in the resolution of complaints.
Most issues are resolved at the local level and you are encouraged to take steps to resolve your issue locally. The student complaint procedure details steps to take if your problem is not resolved or you believe the response you received is unreasonable.
Student Complaints Policy:
Student complaints Procedure:;ID=i1lexipvjt22
Student Complaints Form:


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