Terms of Reference

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Terms of Reference: Consultancy for the Development of Police Training Guidelines for childfriendly handling of children in conflict and contact with the law in Sierra Leone
Background
The Sierra Leone Police (SLP), in its role providing security to the country, comes in contact with
children in conflict with the law and child victims of crimes on a daily basis. There were 667 children
that came in conflict with the law in Freetown and the three Regional HQ towns in 2012 and there
were 1,336 child victims of crimes over that year.1 Nationwide, the numbers are much higher: in 2009,
5,309 children were arrested.2
Because children’s experience, insight, and knowledge are different from that of an adult, a child who
is suspected of having committed an offense or who is a victim of a crime should be treated differently
from that of an adult suspect/victim. If a child is suspected of having committed an offense, the first
contact between the child and an official from the criminal justice system is normally the police; this
initial contact is critical. The manner in which the police officer treats the child may play a decisive role
in persuading the child to change his or her ways and refrain from further involvement in criminal
activities, or push the child further and deeper into a criminal lifestyle. Likewise, child victims and
witnesses of crimes require special care and attention from the police in order to avoid re-traumatising
the child and preserving evidence.
The Criminal Procedure Act (1965) provides guidance on the arrest and investigation of people
suspected of having broken the law. However, there are no specific provisions for handling by police
of children in the Criminal Procedure Act (CPA), in the draft update, nor in the Children and Young
Persons Act (CAP 44). The Child Rights Act (2007- CRA) provides the mandate to the Family Support
Unit (FSU) for the handling of alleged juvenile offenders.3 Other than raising the minimum age of
criminal responsibility to 14 and establishing child panels, the Child Rights Act (CRA) does not provide
procedural guidance on how to handle children in conflict with the law. Furthermore, many children
come in contact with mainstream police officers from the Criminal Investigations Department (CID),
and the Operational Support Division as there is not national coverage of FSUs, and due to jurisdiction
disagreement between FSU and CID officers.
The Sierra Leone Police has worked with international development partners to develop guidelines
and SOPs for the treatment of victims of sexual and gender based violence, including brief guidelines
for child victims. The existing guidelines and SOPs do not cover all child victims, nor do they discuss
the needs of child witnesses. The SLP has made efforts to train its officers in mediation of conflicts.
The SLP developed a module on child justice that was validated in July 2013 and is now part of the
Police Training School training manual.
1
Data from the Child Justice Strategy Baseline data collection exercise conducted by MSWGCA, JSCO, FSU, and
civil society partners in August 2013.
2
Audet, A., 2010, ‘Beyond the Law: Assessing the realities of juvenile justice in Sierra Leone’, Defence for
Children International – Sierra Leone.’
3
Child Rights Act, Article 57.
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Justification for consultancy
There are no police guidelines available on the handling of children in conflict with the law in Sierra
Leone, nor on the handling of child victims and witnesses.
The Child Justice Strategy (2014-2018) provides specifically for the development of guidelines and
standardised training manuals for all justice sector agencies, in an effort to make the formal justice
system more responsive to the needs of children. Guidelines are prescribed for the police,
prosecutors, judiciary, probation officers, and detention centre officers.
Purpose of the consultancy
The consultant will support the SLP to develop user-friendly guidelines and SOPs on the appropriate
handling of children in conflict and in contact with the law, namely child victims and witnesses. The
guidelines and SOP will provide guidance to members of the SLP (including CID, FSU, OSD, and others)
on the treatment of children in conflict and contact with the law in a manner appropriate to the child’s
developmental stage, and with a proper balance of protection and public safety. The guidelines will
build upon the guiding principles enumerated in the Child Welfare Policy and Child Justice Strategy
2014-2018.
Proposed topics to be covered by the guidelines4
Part 1: General Provisions
- Age Assessment5
- Child-friendly policing techniques
o Privacy, dignity, communication skills
o Child-friendly interview and investigation techniques
o Conduct at a crime scene
- Transportation of a child
- Record-keeping
Part 2: Children in conflict with the law
- Which agency within the SLP has jurisdiction to handle which types of juvenile cases
- Arrest
- Child-friendly investigation
- Family tracing and reunification6
- Detention / release / alternatives to detention
- Diversion/mediation; specifically identifying which offenses might be appropriate to mediate, and
the process of mediation
- Handling of children under 14 who have been alleged to have committed an offense
- Links to the child protection and child welfare system
Part 3: Child victims and witnesses
- Links to the child protection and child welfare system
- Referral systems7
- Witness protection
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These topics are only a proposal; the final topics will be decided in cooperation with the SLP.
Making reference to the Age Assessment Guidelines (SLP – 2012).
6
Making reference to the MSWGCA FTR Guidelines.
7
Making reference to the National Referral Protocol for Gender Based Violence and FTR guidelines
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2
Expected Deliverables
- Police Guidelines of children in contact and conflict with the law
- Police SOP for handling children in contact and conflict with the law
- Pocket guide with checklists and key messages
- Posters for police stations (liaising with UNICEF C4D specialists)
- Draft updated Child Justice training module
Supervision and Guidance
The consultancy and process will be steered by a Coordinating Committee managed by the Sierra
Leone Police, and including representatives from at least the FSU, CID, MSWGCA, and UNICEF, as well
as other stakeholders as appropriate. This Committee has already been established, and has helped
develop this terms of this document. The consultant will report to UNICEF Child Protection Section.
Note regarding prosecution: The Consultant is expected to liaise with ASJP and the Director of Public
Prosecution’s office to support ASJP consultant’s development of guidelines for police prosecutors.
Responsibilities of the consultants/ institution
- Ensure that all deliverables outlined in this ToR are achieved
- Final deliverables remain the property rights of UNICEF/Government of Sierra Leone
- Secure own laptop
Responsibilities of UNICEF
- Provide work space/internet for consultant in Freetown
- Provide access to documentation and support meetings with partners when and where necessary
- Provide logistical support to enable field trips of consultant where necessary
Timeframe
The contract is proposed for a period of approximately 40 work days over the course of three months.
(See detailed proposed timeframe below.)
Qualifications required
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An institution/ individuals with previous international and regional experience working with
police or security forces on child friendly policing techniques
The lead consultant will have an advanced university degree in Social Sciences, law or
equivalent
At least five years of progressively responsible work experience at national and international
level with technical knowledge in the area of child justice
Knowledge and appreciation of UNICEF goals and work processes
Excellent analytical and documentation skills
Excellent communication and writing skills in English
Excellent interpersonal, communication and organizational skills
Adaptability and flexibility, confidentiality, initiative, concern for accuracy and quality
Terms of payment
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20 percent upon signature of contract, submission of work schedule and proposed workshop
agenda;
40 percent upon submission of draft guidelines, SOP, pocket guides, poster design
40 percent upon submission of final guidelines, pocket guides, SOP, posters, and draft training
module
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Proposed Workplan, Responsible Parties, and Timeline
Task
People/Organizations
responsible
Initial meetings with police Crime UNICEF/AIG Crimes/FSU
Directorate to discuss and agree upon
scope of guidelines
Meetings of sub-committee on guideline
development for children in conflict with
the law
Workshop with police and other Consultant (Based in
stakeholders
Sierra Leone)
Develop draft guidelines and SOP
Consultant
(homebased)
Consultative meetings with police and SLP
community at regional level
Update and finalize guidelines and SOPs
Consultant (based in
Sierra Leone)
Development of pocket guides, checklists, Consultant/SLP
and posters
Validation of guidelines and SOPs by SLP
Crime Services and Gender Directorates,
and by Executive Management Board
Updating of training modules based on SLP
/
UNICEF
/
new guidelines and SOPs
Consultant
(home
based)
Printing of guidelines, posters, pocket UNICEF
guidelines
Roll out of guidelines, SOPs, and pocket SLP with UNICEF support
guides (not covered by this consultancy)
Time frame
1 October 2013
31
October
December 2013
April or May 2014
April - May 2014
May 2014
May 2014
February – May 2014
June 2014
June 2014
June 2014
June – December 2014
Technical criteria and Relative Points for Evaluation of Submissions
Technical Criteria
Technical Sub-Criteria
Maximum Points
Overall Response
Completeness of Response
10
Overall concord between 10
request
for
proposal
requirements and proposal
Maximum Points
Experience
20
Range and depth of experience
with similar projects
20
Key
Personnel:
relevant
10
experience and qualifications
4
through
Maximum Points
Proposed methodology and
Approach
30
Project Management,
monitoring and quality
assurance process
5
Compatibility with UNICEF
5
Maximum Points
10
Total Maximum
60
Application Procedure
Please provide Letter of Interest, CV, P-11 form, and a proposed timeframe/consulting fee based on
this scope of work. Please include all travel costs, if applicable. If travelling from outside Sierra
Leone, please provide a breakdown of travel expenses include US$126 for roundtrip boat ticket from
Airport to Freetown.
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