Reference no: EM132555348

PSPREG010 - Prepare a Brief of Evidence Assignment - College for Law, Education and Training, Australia

ASSESSMENT TWO - Evidence analysis

You are an investigator in the fraud investigation team, you are nearing your court hearing date and you are required to analyse evidence gathered in relation to your investigation and report to your manager your analysis using the template provided.

Case Study: The Fraud investigation team uncovered a 70 year old man Mr John Adams claiming welfare payments in two different names under an adopted identity of Mr Peter Gordon as well as his own name.

Over a 5 year period between May 2010 and June 2015 Mr Adams received $60,580 in Disability Support Pension paid to his adopted identity. Throughout this period he was also receiving Disability Support Pension in his own name.

Following the execution of a search warrant on 20 July 2015 at 9.00am the police located bank statements, bank cards, prescription medication, credit cards and Medicare cards in the name of Gordon.

John Adams

DOB: 2 April 1946

Add: 38 Swan Lane, [insert local suburb] [insert state or territory]

You are charging him with the offence of Fraud under: S134.2 Obtaining a financial advantage by deception Criminal Code Act 1995 (Cth)

Using the template provide, report on the following:

1. Prepare an introduction to your report on the scope of the investigation, including the offence Mr Adams will be charged with. You must include the section number, short title and Act.

2. Identify all evidence in relation to the matter, regardless of admissibility - refer to this evidence guide and include any additional evidence you would consider relevant

3. Cross-check information identifying the following:

a. Origin

b. Authenticity and reliability

c. Identify likely challenges that may occur (you may like to table this information)

4. Complete a gap analysis to identify and assess gaps and inadequacies to allow further collection of evidence

5. Complete exhibits register identifying how evidence is being handled and stored appropriately, including:

Time, date, place of seizure

Exhibit number

Full description

Name of person providing the item

Name of owner or responsible person

Name of person taking possession of item

Description of the location from where it was taken

Current location of item

ASSESSMENT THREE - Brief preparation report

Following on from your analysis, you are now required to start preparing for your brief and prepare and review your admissible evidence.

You are to prepare a report outlining the admissible evidence for your BOE. As part of this report you are required to prepare two statements. You should review the sample statements provided on how to present your information and the level of detail required. You may include any additional information to help prepare your statement as long as it is within the context of the case study.

Using the report template provided you must include the following information:

1. Using the witness statement information provided, prepare witness statement for Neil Collins, sales assistance from Q Medical Pharmacy, where John Adams collected prescriptions under the name of Peter Gordon.

2. Using the witness statement information provided, prepare expert statement for Penelope Andrews, Forensic Accountant

3. Identify admissible evidence to be included in BOE

4. Identify non-admissible evidence

5. Elementise offence and identify admissible evidence for each element to ensure sufficient to proceed to prosecution

6. Update Exhibit Register evidencing continuity of evidence where evidence is removed for BOE

ASSESSMENT FOUR - Develop brief of evidence

You are now required to prepare your brief of evidence for prosecutions for the offence of Fraud. A number of documents have been provided that you must complete as outlined below. In addition, you must add pages for each additional piece of evidence you will be providing. This will include the two statements you prepared in assessment 3 as well as a page for any other statements or exhibits you will be including by way of evidence. Each page must be correctly numbered and labelled.

For the purposes of this assessment you do not have to write any additional statements, rather label the page outlining what it is and brief outline of why it has been included, how it relates to the offence and how it supports your case.

Additionally you do not have to provide physical exhibits, however, provide a separate page for each outlining what the exhibit is, again ensuring it is correctly labelled and numbered.

You must ensure your brief is:

scanned and presented as one document

correctly ordered

correctly labelled

correctly paginated

Your brief must contain the following documents:

1. Letter of referral ensuring the letter is correctly marked for confidential material

2. Witness contact details

3. Disclosure certificate

4. Brief cover sheet, including:

defendant's details

charges laid

statement of facts

5. Index to brief, including:

Witness index

Exhibit index

6. Include all admissible evidence pertaining to the charge that you will rely on as evidence

ASSESSMENT FIVE - Coordinate witnesses

There are three parts to this assessment you MUST submit all three parts for completion.

Part A - You are to prepare a formal letter to be sent to the expert witness

Part B - Prepare a summons for a witness

Part C - Audio communication with witness

One of the most important roles as an investigator prior to your court hearing is to maintain communication with your witnesses. It is essential that you maintain contact and keep them appraised of any changes and closer to the court hearing ensure their attendance.

Part A -

Using the template provided, you are to prepare a formal letter to be sent to the expert witness:

1. Prepare a formal letter for your expert witness that includes sufficient information for the expert witness to familiarise them with the evidence in relation to the case study

Part B -

Using the template provided, prepare a summons for one of your witnesses:

2. Prepare a formal summons for one of your witnesses

Part C -

Your court case is nearing and you are following up with your witness to ensure their cooperation, communication and attendance at proceedings. You are to simulate a telephone conversation with your witness, you may use a family member, work colleague or friend to assist you in this regard. This assessment will be evaluating your communication skills in conveyancing important information whilst ensuring witness attendance. You must submit an audio file of your conversation.

You must confirm the following details:

3. Time, date and place of appearance

4. Outline court protocols

5. Outline dress code

6. Requirements of the witness on the day

7. Transport or parking requirements.

Note - Need to complete assessments 3, assessment 4 and assessment 5, but part c only.

Attachment:- Prepare a Brief of Evidence Assignment File.rar