Legislative Review to Support the Implementation of a Terms of Reference: Criminal Mediation Practice Direction in the Eastern Caribbean Supreme Court

Location: Remote, with possible travel within selected ECSC/OECS jurisdictions as required and approved
Application Deadline: 2026-07-31T17:00:00
Duration: September 2026 - November 30, 2026

Terms of Reference

Legislative Review to Support the Implementation of a Criminal Mediation Practice Direction in the Eastern Caribbean Supreme Court

Judicial Strengthening for the Eastern Caribbean Project | JES-EC 40428

   
Issued by Justice Education Society of British Columbia (JES), in close coordination with the Eastern Caribbean Supreme Court (ECSC) Secretariat
Type Local/Regional Consultancy
Location Remote, with possible travel within selected ECSC/OECS jurisdictions as required and approved
Application deadline July 31, 2026, 23:59 EST
Expected start date September 2026
End date November 30, 2026
Project funder Global Affairs Canada

1. About Justice Education Society (JES)

Justice Education Society of British Columbia (JES) is a Canadian non-profit organization with over 35 years of experience advancing the rule of law by empowering people to access and deliver justice, increasing legal capability, strengthening justice systems, and developing digital justice solutions.

JES works in Canada, Guyana, Guatemala, Honduras and Saint Lucia, and supports programming in El Salvador, Grenada, Dominica, and St. Vincent and the Grenadines. JES' international programming is delivered in partnership with justice sector institutions, governments, regional bodies, civil society and international donors. More information is available at www.JusticeEducation.ca.

This consultancy is issued under the Judicial Strengthening for the Eastern Caribbean Project (JES-EC 40428), funded by Global Affairs Canada and implemented by JES in close partnership with the Eastern Caribbean Supreme Court (ECSC).

2. Project Background

The Judicial Strengthening for the Eastern Caribbean Project supports justice sector reforms that improve the efficiency, accessibility and responsiveness of justice services in selected Eastern Caribbean jurisdictions. Through close collaboration with the ECSC and national justice sector partners, the project supports practical reforms, capacity strengthening, digital tools and procedural improvements that contribute to more effective justice delivery.

The ECSC is introducing a Criminal Mediation Practice Direction as part of ongoing reforms aimed at improving efficiency in the criminal justice system, enhancing access to justice and promoting restorative justice approaches across the ECSC jurisdiction.

Criminal mediation is intended to provide an alternative dispute resolution mechanism in suitable criminal matters by facilitating dialogue between victims and offenders and encouraging restorative outcomes where appropriate. A draft Criminal Mediation Practice Direction has been developed and is expected to come into force shortly.

To support lawful and effective implementation, JES and the ECSC require a comprehensive review of the legislative and regulatory frameworks within ECSC Member States and Territories which are likely to be impacted by the Practice Direction. The review will determine whether statutory amendments, regulations, administrative measures or enabling provisions are required to operationalize criminal mediation in a manner that is legally sound, procedurally fair and consistent with victims' rights and due process protections.

The ECSC serves the following jurisdictions:

  • Antigua and Barbuda
  • Commonwealth of Dominica
  • Grenada
  • Saint Kitts and Nevis
  • Saint Lucia
  • Saint Vincent and the Grenadines
  • Anguilla
  • British Virgin Islands
  • Montserrat

Given that criminal law and criminal procedure are governed by national legislation in each jurisdiction, the consultant will review the relevant legal frameworks and provide clear, practical recommendations to support implementation of the Criminal Mediation Practice Direction.

3. Purpose and Objectives

The purpose of this consultancy is to conduct a legislative and regulatory review of criminal justice and mediation-related laws across ECSC Member States and Territories to assess their compatibility with the proposed Criminal Mediation Practice Direction.

The consultant will examine the extent to which existing laws support, restrict or are silent on criminal mediation processes, and will provide recommendations for legislative reform, policy measures or administrative mechanisms necessary to facilitate implementation.

The specific objectives are to:

  • Review the legislative frameworks governing criminal justice and mediation within ECSC jurisdictions;
  • Identify legal barriers, gaps and enabling provisions relevant to criminal mediation;
  • Assess whether the Criminal Mediation Practice Direction can operate effectively within existing legal frameworks;
  • Identify legal, procedural and operational risks that may affect implementation; and
  • Recommend legislative amendments, model provisions, regulations, policy guidance or administrative measures required to support implementation.

4. Scope of Work

4.1 Review of Relevant Legislation

The consultant will review relevant legislation, regulations, procedural rules and policy instruments within ECSC Member States and Territories, including but not limited to:

  • The constitutional framework and fundamental rights regimes;
  • Criminal procedure legislation;
  • Criminal codes or offences legislation;
  • Magistrates' Court legislation;
  • High Court, Supreme Court or court administration legislation;
  • Evidence legislation;
  • Victims' rights, child protection or witness protection legislation, where relevant;
  • Mediation, alternative dispute resolution or restorative justice legislation;
  • Prosecution legislation and policies;
  • Relevant police legislation; and
  • Any other laws, rules, policies or practice directions relevant to the implementation of criminal mediation.

4.2 Assessment of Legal Compatibility

The consultant will assess whether the Criminal Mediation Practice Direction is compatible with existing legislation and procedural frameworks, including (but not limited to) consideration of:

  • Prosecutorial discretion and referral powers;
  • Judicial authority to refer matters to mediation;
  • Eligibility criteria and offence categories suitable for mediation;
  • Victim participation, informed consent, safety and safeguarding considerations;
  • Accused persons' rights, due process and voluntariness;
  • Confidentiality protections and limits;
  • Admissibility of mediation communications;
  • Legal effect and enforceability of mediation agreements;
  • Case disposition and court recording following mediation; and
  • Data protection, record-keeping and reporting requirements.

4.3 Identification of Legal Gaps and Risks

The consultant will identify:

  • Legislative barriers that may prevent or constrain the use of criminal mediation;
  • Areas where legislation is silent, ambiguous or insufficient;
  • Risks relating to due process, fairness, voluntariness, equality of arms or victims' rights;
  • Potential conflicts with prosecutorial or judicial authority;
  • Safeguards required for vulnerable participants, children, victims of gender-based violence or other sensitive matters; and
  • Implementation risks requiring policy, training, administrative guidance or further consultation.

4.4 Development of Recommendations

The consultant will prepare practical recommendations, including:

  • Jurisdiction-specific legislative amendments required to support implementation;
  • Draft model legislative provisions, where appropriate;
  • Regulatory, policy or administrative measures that may be adopted without statutory amendment;
  • Recommendations for harmonizing approaches across ECSC jurisdictions, where feasible; and
  • Sequencing considerations for implementation, including priority actions and areas requiring further consultation.

4.5 Stakeholder Engagement

In coordination with JES and the ECSC Secretariat, the consultant may consult key stakeholders, including:

  • Judicial officers;
  • Directors of Public Prosecutions and prosecutorial authorities;
  • Ministries of Justice and Attorney General's Chambers;
  • Parliamentary Counsel or Directors of Legislative Drafting;
  • Mediation practitioners and restorative justice experts;
  • Court administrators and registry officials; and
  • Other relevant justice sector actors identified by JES and the ECSC Secretariat.

Stakeholder engagement must be carefully coordinated through JES and the ECSC Secretariat to ensure appropriate sequencing, consistency of messaging and efficient use of stakeholder time.

5. Deliverables

The consultant shall provide the following deliverables in English. All deliverables must be submitted in editable Microsoft Word format and, where relevant, Excel format.

Deliverable Minimum content Indicative timing
Inception Report A detailed work plan, methodology, consultation plan, document request list, and legislative mapping framework. To be agreed in the inception work plan
Legislative Review Report A jurisdiction-by-jurisdiction analysis of relevant legislation, including legal barriers, enabling provisions, gaps, risks and implementation considerations. To be agreed in the inception work plan
Comparative Legislative Matrix A comparative matrix identifying relevant legislation in each jurisdiction, existing mediation or restorative justice provisions, compatibility with criminal mediation, and required amendments or reforms. To be agreed in the inception work plan
Final Report and Recommendations A consolidated final report including legislative reform recommendations, draft model provisions where appropriate, implementation considerations, and priority actions for JES, ECSC and relevant national stakeholders. To be agreed in the inception work plan

6. Required Qualifications and Experience

The consultant should possess:

  • Advanced legal qualifications; an LLM or equivalent postgraduate qualification is preferred;
  • Demonstrated expertise in criminal law, criminal procedure and/or justice sector reform;
  • Experience conducting legislative analysis, comparative legal review and law reform assignments;
  • Knowledge of alternative dispute resolution, restorative justice and victim-centred justice approaches;
  • Familiarity with Commonwealth Caribbean legal systems and institutional arrangements;
  • Experience engaging senior justice sector stakeholders, including courts, prosecutors, ministries and legal practitioners;
  • Excellent interpersonal and negotiation skills;
  • Excellent written and verbal communication skills in English; and
  • Ability to produce clear, practical and implementation-focused legal analysis within agreed timelines.

7. Reporting and Management Arrangements

The consultant will be contracted by JES and will report administratively to the JES Project Director or designated project focal point. Technical direction and validation will be provided in close coordination with the ECSC Secretariat and any designated ECSC focal points.

JES will manage the consultancy process, including contracting, payment, review coordination and acceptance of deliverables, while ensuring that ECSC technical feedback is incorporated at each key stage.

The consultant will be expected to participate in periodic coordination meetings with JES and the ECSC Secretariat, submit deliverables according to the approved work plan, and respond promptly to consolidated feedback.

8. Terms of Payment

Payments shall be made upon satisfactory completion, submission and acceptance of agreed deliverables according to the following schedule:

Deliverable milestone Percentage
Submission and approval of Inception Report 20%
Submission and acceptance of Legislative Review Report and Comparative Matrix 40%
Submission and acceptance of Final Report and Recommendations 40%

All payments shall be subject to JES approval, following review and technical acceptance of the relevant deliverables in coordination with the ECSC Secretariat or designated ECSC focal point. Payment will be made in accordance with the terms of the consultancy contract and JES procurement and financial procedures.

9. Travel and Reimbursable Costs

Any travel required under this assignment must be agreed in advance by JES and reflected in the approved work plan and budget. Reimbursable costs, if any, must be pre-approved in writing and supported by appropriate documentation in accordance with JES policies and the consultancy contract.

10. Confidentiality, Data Protection and Intellectual Property

The consultant shall treat all information received through this assignment as confidential and shall not disclose project documents, stakeholder information or draft findings without prior written authorization from JES. The consultant shall comply with all applicable data protection, ethical and confidentiality requirements relevant to the assignment.

All documents, data, analysis, reports, matrices, draft provisions and other materials produced under this consultancy shall be the property of JES, subject to any donor or partner requirements and any agreed arrangements with the ECSC.

11. Application Requirements

Interested consultants are invited to submit the following documents in English:

  • A cover letter expressing interest in the assignment;
  • A detailed curriculum vitae highlighting relevant experience;
  • Examples of similar assignments completed;
  • A proposed methodology and work plan; and
  • A financial proposal outlining consultancy fees and any associated travel costs.

Applications must be submitted to jobs@justiceeducation.ca no later than July 31, 2026, at 23:59 EST. Applicants should include "Eastern Caribbean Criminal Mediation" in the subject line.

JES thanks all applicants for their interest; however, only those selected for further consideration will be contacted.