Tool 2: Policing and Gender
Ê Awareness-raising programmes about the law should be targeted at all stakeholders,
including victims, witnesses, potential perpetrators, bystanders, justice sector agencies
and the general community. They should provide guidance on what the law is, what
the harms are and what support is available, and include messages that focus on the
abusive actions of the perpetrators and not the actions of the victim.
Ê Awareness-raising and training programmes for the judiciary and broader criminal
justice system should include components which raise awareness that harm suffered
is likely to be among a series of harms – a continuum of violence or abuse suffered
– and how such harm can affect the victim beyond any immediate or obvious harm
(including to her/his perceived credibility as a witness).
1. This case study is primarily based upon an interview with Dr Asher Flynn, Monash University and chief
researcher. The research was funded by the Australian Criminology Research Council and the Office of the
eSafety Commissioner (Australian Government). Subsequent comparative research is being conducted across
Australia, New Zealand and the UK, at the time of writing funded by the Australian Research Council and
including the Universities of Auckland, Durham and Birmingham.
2. A national mixed-methods study involving two national surveys (n = 4,274 and n = 4,222) and interviews with 58
stakeholders.
3. S. Scott (2015) “Sydney nurse who took explicit photo of patient under anaesthetic still practising in NSW”, ABC
News, 11 June, https://www.abc.net.au/news/2015-11-06/sydney-nurse-takes-explicit-photo-of-patient/6916174
(accessed 15 October 2019).
Case study 2: Community consultation on reform of bail and
sentencing regulations (Sierra Leone)
New gender-sensitive bail and sentencing regulations and guidelines have been developed
in Sierra Leone and are in the process of being adopted.1 The Bail Regulations and Sentencing
Regulations became binding in May 2018 when they were adopted by the Rules of the Court
Committee: the Bail Regulations became a statutory instrument in August 2018 when they
were passed by Parliament; but, as of the start of 2019, the Sentencing Regulations are
pending the passage of a revised Criminal Procedure Act. The process of developing the
regulations was led by the chief justice and a Supreme Court judge, with the engagement
of CSOs and the support of the UN Development Programme (UNDP).
To raise awareness and invite input into the new regulations and guidelines, national
consultations were held in 11 sites across Sierra Leone in 2016. In each site there were
100–300 participants and a series of radio programmes. The consultations were also
designed to show that the issues of justice and the justice sector were open for discussion.
Key stakeholders in the justice system, including the Supreme Court judge, participated in
these outreach activities and had discussions with people – which was a unique endeavour.
During the consultations, members of the public raised concerns about detention of
pregnant women, including some specific women. The articulation of these concerns led
to the new Bail Regulations stipulating that courts shall consider alternatives to remand
when making a bail decision where the defendant is a pregnant woman, lactating mother
or primary caregiver (male or female). Likewise, the Sentencing Regulations state that
pregnant women, lactating mothers and primary caregivers may not be given custodial
sentences unless the crime committed is of a serious or violent nature or the defendant is a
repeat offender. Additionally, some individual cases of detained pregnant women that were
raised in the consultations were swiftly acted upon, simultaneously with the longer reform
process. Being able to see responses to concerns raised increased public confidence in the
reform process and in the justice system more broadly, including among women and girls.
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