Course Title: Conduct prosecutions

Part B: Course Detail

Teaching Period: Term2 2017

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

Grant Morris


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:

 • Lectures • Observations • Demonstrations • Presentations • Class discussions • Oral and written questioning • Incursion/guest speakers

 • 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

Introduction to: Prosecutorial ethics (codes of professional conduct) Foundation Principles Prosecutorial discretion

Week 2

Public Prosecutions Act 1994 Other legislation relevant to prosecutions Prosecution policies & guidelines

Week 3

Prosecutorial roles, powers and duties Accountabilities

Week 4-

State Courts Court Procedures Types of Court proceedings

Formative assessment 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 assessment two

Week 8-

Evidence Use of evidence in the context of prosecutions

Week Nine: **Mid semester Break – no classes**  

Week 10-

What is a brief of evidence? What are the facts of the crime being prosecuted?

Week 11

Review - preparation for examination questions Questions to address the facts of the brief

Week 12-

Evidentiary procedures Unfit to stand trial/proceedings

Week 13

Early resolution of cases Bail Act Regulatory Prosecutions-

Week 13-

Justice Crime Scene Camp Prosecution simulation-Formative assessment three

Week 14-

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

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

Week 16 –

Prosecution case presentations- Summative Assessment 1

Week 17-

Prosecution case presentations- Summative Assessment 1

Week 18-

Final summative assessment 2, Written Exam - protocols, legislation, prosecution policies and guidelines

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.


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

You are expected to attend all scheduled classes and some classes will have sessions that are compulsory to attend (please see individual course guides). If you cannot attend a class you should advise your RMIT Educator, as RMIT monitors all student attendance.

As a student, competency is demonstrated through both knowledge and practical skills relevant to the course content and 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.

Absence from class can seriously limit your ability to pass or achieve good results. You may be asked to attend a meeting to explain more than three absences from a subject and enter into a negotiated plan of action with your Educator. This meeting is recommended as an early intervention approach that may possibly identify any underlying issues which may be affecting your attendance and identify support that RMIT may be able to give you.

Clearly, non-attendance at an assessment will result in failure of that assessment. If your academic progress is reviewed, a good class attendance may be helpful in showing evidence of your commitment to your studies in Justice.

Learning Resources

Prescribed Texts


Other Resources

PowerPoint’s for the lectures will generally be made available AFTER the class workshop; however these are not a replacement for attending workshops. Workshops may have additional information, activities or visual material, which will not be available through blackboard. It is essential that you access the Blackboard site at least once a week, as announcements and emails are considered an effective means of communication between educators and students.

All readings and other resources necessary for this course will be available through Blackboard.

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 assessments: (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.

Summative Assessment One: - 20% each simulated prosecution (x3). Overall value 60%.

Due Dates: To be confirmed

Summative Assessment Two: - Written examination on legislation, policies, guidelines, ethics requirements relating to prosecutions worth 40%.

Due Date:  To be confirmed

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 an ADVANCED DIPLOMA written assessment task/s – no less than 2500 words, 5 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 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 the RMIT student page for extensive information about study support, assessment, extensions, appeals and a range of other matters:

Cover Sheet for Submissions

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 implications of plagiarism.

Please refer to the following link for on-line submission statements;


Cover sheets do NOT form part of your word limit for written assessment tasks.


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.

For assignments 1 to 10 days late, a penalty of 10% (of the marks awarded) per day will apply. For assignments more than 10 days late, a penalty of 100% will apply. Weekend days (Saturday and Sunday) are considered when counting total late days for electronic submissions but not for hardcopy submissions.


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.

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. Speak with your teacher or course coordinator regarding applying for an extension.

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:

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:

  1. 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;
  2. Closely paraphrasing sentences, paragraphs, ideas or themes without proper citation;
  3. Piecing together text from one or more sources and adding only linking sentences;
  4. Copying or submitting whole or parts of computer files without acknowledging their source;
  5. Copying designs or works of art and submitting them as your original work;
  6. Copying a whole or any part of another student's work; and
  7. Submitting work as your own that someone else has done for you.
  8. 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 (unresolved) – and the RMIT Student Conduct Regulations –;ID=r7a7an6qug93


Plagiarism Software

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


Complaints Procedure:

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:

Course Overview: Access Course Overview