This module will assist those who gather and assess evidence to understand what is required for successful enforcement or prosecution. They will look at strengths and weaknesses in the evidence and consider how to effectively use the documents, plans, photos and evidence in enforcement or prosecution proceedings. They will also consider their duties under disclosure. In anticipation of sentencing (on a guilty plea or a finding of guilty) delegates will learn how to prepare for representations about the aggravating factors of the offence to invite the court to give an appropriate sentence. This will include Friskie schedules.
- Preparing the prosecution file; identifying relevant law, issues, facts, evidence and a case theory
- Considering the admissibility, reliability, accuracy and credibility of available evidence
- Evaluating all real, documentary, exhibit, witness statement and oral evidence
- Analysing and evaluating the facts to distinguish strengths, weaknesses, inconsistencies and omissions
- Making effective use of documentary and oral evidence, by considering how to use documentary evidence and how witness evidence will be challenged in court
- Dealing with disclosure
- Analysing the sentencing powers of the court with reference to sentencing principles
- Evaluating aggravating and mitigating factors relevant to the offence and the offender.