Course Title: Conduct prosecutions

Part B: Course Detail

Teaching Period: Term2 2014

Course Code: JUST5745C

Course Title: Conduct prosecutions

School: 365T Global, Urban & 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

Name and Contact Details of All Other Relevant Staff

Georgy Dumas, Senior Educator
P: 9925 4203

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:

1.1Brief of evidence is reviewed and clarified with the apprehending officer, where necessary, prior to court proceedings.
1.2Precedents are identified as relevant.
1.3Questions are prepared to address the facts of the brief.
1.4Personnel involved are fully briefed in accordance with legal and organisational requirements.
1.5Parameters for negotiating out of court are agreed prior to prosecution with authorised organisational personnel.


2. Conduct a prosecution

Performance Criteria:

2.1Evidentiary procedures are followed and prosecution is conducted according to court processes, protocols and organisational instructions.
2.2Personal presentation is maintained in accordance with organisational requirements.
2.3File endorsements are completed in accordance with legislative and organisational requirements.
2.4Matters arising from proceedings are followed up/completed in accordance with legislative and organisational requirements.
2.5The 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 1-7 July-Introduction
Prosecutorial ethics (codes of professional conduct)
Foundation Principles
Prosecutorial discretion-

Week 2-Public Prosecutions Act 1994
Other legislations
Prosecution policies & guidelines-

Week 3-Prosecutorial Roles, Powers & Duties

Week 4-State Courts
Courts Procedures
Types of Court Proceedings-Formative One

Week 5-Indemnities, undertakings
Crown witnesses-

Week 6-Victims and witnesses
Human rights & Responsibilities-

Week 7-Protocols for joint prosecution
Briefing of all personnel involved-Formative two

Week 8-Evidence
Use of evidence-

Week 9-What is a brief of evidence?
What are the Facts in issue of a crime?-

Week 10-Preparation of questions for examination
Questions to address the facts of the brief-

Week 11-Evidentiary procedures
Unfit to stand trial/proceedings-

Week 12-Early resolution of cases
Bail Act
Regulatory Prosecutions-

Week 13-CAMP
Prosecution simulation-Formative Three

Week 14-Prosecution documentations and file endorsements are completed in accordance with legislation
Preparation of case for prosecution-

-Mid Semester Break-

Week 15-Matters arising are followed up
Timely report to organisation
Input/recommendations for Handling future cases-

Week 16-Exam – Prosecution case presentations-

Week 17-Exam – Prosecution case presentations-

Week 18-Exam - Written-

Practical exam-Prosecute a case presentation-
Written Exam-Protocols, legislation, Prosecution policies & guidelines

The teaching schedule outlined above is subject to change depending on your assimilation of knowledge and skills of the subject matter, and on changes to legislation as well as unforeseen circumstances.

Attendance in this VET Justice Course is to help you develop a self-directed, professional attitude and to maximize your educational vocational opportunities and practical skills. Regular class attendance provides fundamental educational value and offers the most effective means for you to gain knowledge and skills of the concepts of the justice environment. Lack of regular attendance and participation may compromise your performance in the course and achieving the final outcome.

Learning Resources

Prescribed Texts

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


Other Resources

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

All assessment tasks are based on the requirements of the performance criteria, range statements and the assessment guidelines of the course.

Formative assessments:

A range of knowledge tests on prosecution protocols, legislation, policies and guidelines
Conducting simulated prosecutions on a range of scenarios to capture the requirements for real life situations likely to be encountered

Summative assessments:

Conducting a simulated prosecution on a prescribed case adhering to legal, ethical and organisational requirements - 60%

Examination on Protocols, legislation, prosecution policies and guidelines - 40%

Comprehensive assessment outlines will be issued and discussed with students in class/and or through Blackboard prior to Week Four of the course.

Assessment Matrix

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

Other Information

All written work must adhere to the following criteria:
1. Written reports, research projects or essays are to demonstrate an understanding of the concepts and familiarity with the prescribed or negotiated topics
2. 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 cogently address the issues raised in the chosen topic in a logical, ordered and organised manner
3. The concepts must be well defined and demonstrate a critical analysis of the chosen topic
4. Written submissions must demonstrate appropriate preparation, reading and research
5. In-text references must follow the APA style of referencing. In addition, you must provide a bibliography with correct and comprehensive details in relation to texts, articles, research reports and other sources that you have used
6. 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.

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 their 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.

Applying for an Extension
Extension of time for assessment tasks may be granted where circumstances beyond your control prevent submission by the published due date. An application for extension of time must be lodged with your tutor or the course coordinator as early as possible, and no later than one working day before the due date for submission.
You can apply for extension using the University’s Extension Application Form – – or by emailing your course coordinator or tutor directly.
An extension of 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 beyond seven calendar days cannot be granted by course coordinators, tutors or the School. To apply for an extension of time greater than seven calendar days you must lodge an application for Special Consideration.

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:

Penalties for Late Submission
If you have not been granted an extension or special consideration, late submission will be penalised as follows:
Assessment tasks submitted after the due date of submission shall receive a penalty of five per cent of the grades available for that assessment per day for each working day late.
No assessment task shall be accepted more than three weeks after the due date.

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
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:

Course Overview: Access Course Overview