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Consultant, Sentencing Policy Gaborone, Botswana

Reference: G/BOT/0441
Location: Gaborone, Botswana
Duration: Up to a maximum of 120 working days
Closing Date: 7 Dec 2011

Background

The Botswana legal system tends to rely mainly on imprisonment as the preferred sanction for offending behaviour. Inadequate use is being made of alternatives to imprisonment and the possible range of sentencing options which could be implemented. The result is that the prisons are overcrowded with offenders who could have been sentenced to other forms of punishment that are less traumatic and more reformative than imprisonment.

However, the Government does not currently have the capacity to prepare an alternative sentencing policy, build the institutional capacity of the Attorney General’s Office to roll it out, and put in place procedures in line with international human rights, organisational/institutional and legal framework standards. Through the Ministry of Defence, Justice and Security, it has therefore requested technical assistance to enhance the capacity of the Attorney General’s Office to formulate and implement a sentencing policy for Botswana which would also incorporate alternatives to imprisonment.

Purpose of the project

Enhance the capacity of the Attorney General’s Office to formulate and implement a sentencing policy for Botswana

Scope of Work

The project will provide a legal expert for short term inputs who will be based at the Attorney General’s Chambers in Gaborone and will work closely with the Attorney General and key staff to be trained and mentored.

The consultant will review the current legislative framework and develop a sentencing policy for Botswana encompassing alternatives to imprisonment. This will also encompass the building of skills in the formulation of appropriate drafting instructions within appropriate line ministries. It is estimated that this will take a minimum period of six months to complete.

It is expected that the consultant will undertake the following activities, inter alia

  • Conduct a review of existing legislation, sentencing options and trends; and identify impacts
  • Organise stakeholder workshop to discuss draft /final policy
  • Identify the impact of current approaches to sentencing
  • Prepare a paper on approaches to sentencing in other commonwealth benchmark jurisdictions, as well as model laws, with a view to sharing these with Botswana stakeholders and Government
  • Prepare a draft report containing the results and recommendations of the study, as well as a draft sentencing policy for consideration by stakeholders at a consultative forum
  • Develop sentencing policy encompassing alternatives
  • Assist to formulate comprehensive drafting instructions for amendments to legislation or new legislation, based on Commonwealth Model Laws and international best practice

Other stakeholders such as the Judiciary, the Directorate of public Prosecutions, the prison department and the Ministries/departments will be involved in the consultation process.

Upon successful completion of this consultancy and based on the outcomes and recommendations from the completion report, further phases to the project may be undertaken to implement the legislation and sensitise the judiciary to its application.

Project Output (Deliverables)

Comprehensive sentencing policy produced incorporating alternatives to imprisonment

Implementation Arrangements

The consultant will work closely with Commonwealth Secretariat Advisers in delivering this technical assistance. The consultant will be based in the Office of the Attorney General in Gaborone.

Professional Skills and Qualifications

Essential

  • Masters Degree in a relevant field (Law, social sciences, etc)
  • Not less than 10 years’ experience as either a practitioner, academic or policy expert in the development and application of alternative sentencing policy
  • Experience in preparation and delivery of capacity building inputs
  • Strong presentation, communication and report writing skills
  • Experience of designing and implementing seminars and training events
  • Excellent communication skills, both written and oral
  • Ability to work in a multi-cultural environment

Desirable

  • Regional experience or knowledge

Download the Terms of Reference