Management of Remand Detainees in South Africa - DCS-Home

More documents

Recommendations

Info

A transformed CJS will exhibit a well coordinated function in the following systems: Crime reporting; Crime scene management and investigation; Arrest processing; Prosecution management Adjudication management; Incarceration management; and Community supervision. The Office of the Criminal Justice Review (OCJR) has been established to drive the implementation of the seven-point plan and improved management of RDs falls under the CJS review process as RDs are the clients of the system from arrest to conviction and sentencing. DCS was given a mandate by the Cabinet Lekgotla held in January 2009 to establish a dedicated branch or a unit which will deal with the Remand Detainees (RDs) in South Africa. A concept document which outlines the functions of the envisaged branch was developed and presented to the National Development Committee of the JCPS cluster in 2009. Areas of responsibility for the branch are: Development of policy and legislative framework for detention management of RDs (rationalization of current legislation); Development of regulations and operational policies for RDs in DCS facilities; Development of protocols for management of cross cutting functions Development of strategy for management of RDs in Remand Detention Facilities and mixed facilities. Participation in and management of cluster projects related to RDs and Provision of training to officials working in facilities that detain RDs in DCS; 24
CHAPTER 2: International Trends 2.1. Introduction Remand Detainees (RDs) must be presumed innocent, until proven guilty in court. As such, they have special needs and rights with regards to their legal status and access to their lawyers. The treatment of RDs also ought to differ from that of sentenced offenders. For example, RDs must be accorded more rights and fewer obligations with regard to practical aspects of prison life. In this chapter, the international trends with respect to the management of RDs are summarized, based on a report prepared by Jonker (2008). In some countries, this group of detainees is referred to as Remand Detainees. Remand is a legal term which has two related but distinct usages. Its etymology is from the Latin re- and mandare, literally "to order." It evolved in Late Latin to remandare, or "to send back word." It appears in Middle French as remander and in Middle English as remaunden, both with essentially the same meaning, "to send back." Remand (court procedure) refers to an action by an appellate court in which it sends back a case to the trial court or lower appellate court for action. Remand may also mean the detention of suspects before trial or sentencing. In some countries, “to remand” is to summon to appear in court on a specific day in the future. The prisoner is taken briefly before a magistrate, who will remand him or her until a later hearing. He or she may be remanded on bail (i.e. mostly free provided specific conditions are met). A remand in custody is utilized to keep the accused in prison until his or her trial for more serious offences, or if the accused is believed to pose a high risk of absconding or harming the public or where specifically required by law. In Canada, the term “Remand” refers to persons who have been charged with an offence and ordered by court to be detained in custody while awaiting further court appearance. Although persons on remand have not been found guilty or sentenced, they are held in custody because there is a risk that they will fail to appear on a later court date, they pose a danger to themselves and/or others or they present a risk to re-offend. 2.2. International Standards: Key Principles and Rights relating to RDS South Africa is a signatory to a number of international instruments that provide guidance in terms of the detention and management of RDs. These are covered in detail in chapter 3 of this document which focuses on the legal framework regarding RDs. Table 2.1 shows the key principles and rights of RDs across 18 different countries. 25
Page 1 and 2: Discussion Document on Management o
Page 3 and 4: The National Development Committee
Page 5 and 6: Table of Contents Preamble 10 CHAPT
Page 7 and 8: 4.2.1 General inmate population 57
Page 9 and 10: 9.4.3 The safeguards for children i
Page 11 and 12: warrants, bail options, and so on.
Page 13 and 14: The White Paper further articulated
Page 15 and 16: A crime is committed Integration in
Page 17 and 18: Multiple number of co-accused in on
Page 19 and 20: 200000 180000 160000 140000 120000
Page 21 and 22: Limited access for legal consultati
Page 23: 1.5. Cluster Approaches In order to
Page 27 and 28: 2.2.1. Guarantee of Personal Libert
Page 29 and 30: detention must be made by an author
Page 31 and 32: The human rights violations mention
Page 33 and 34: The above mentioned services will b
Page 35 and 36: Table 2.2 Current International Bes
Page 37 and 38: e prioritised and addressed. Partic
Page 39 and 40: made available for focus to be cast
Page 41 and 42: CHAPTER 3: Legal Framework 3.1. Int
Page 43 and 44: d. to have their trial begin and co
Page 45 and 46: In other words, there should be no
Page 47 and 48: CHAPTER V: UNSENTENCED PRISONERS (s
Page 49 and 50: 3.3.1. The Universal Declaration of
Page 51 and 52: 3.3.3. The African Charter on Human
Page 53 and 54: prisoners; the rights and obligatio
Page 55 and 56: Comments made by The Honourable Jud
Page 57 and 58: 4.2. Overview of RD Population in D
Page 59 and 60: 60000 50000 40000 30000 20000 10000
Page 61 and 62: of RDs. The figures on crimes that
Page 63 and 64: Less than 3 months >3 - 6 Months >6
Page 65 and 66: The figure below represents the ave
Page 67 and 68: 1200 1000 multiple crimes are not r
Page 69 and 70: 1200 1000 800 600 400 200 0 April 2
Page 71 and 72: Nationality April 2009 June 2009 Se
Page 73 and 74: The number of Admissions and releas
Page 75 and 76:
There are 11 privately managed SCFs
Page 77 and 78:
SCFs in Eastern Cape and Northern P
Page 79 and 80:
DCS admits approximately 20 and 26
Page 81 and 82:
etween the Provinces including dire
Page 83 and 84:
esponsibility for both RDs within i
Page 85 and 86:
children RDs are detained without a
Page 87 and 88:
include health care, education, art
Page 89 and 90:
arrested, regardless of citizenship
Page 91 and 92:
o The use of mainstream curriculum
Page 93 and 94:
6.1. Introduction This chapter prov
Page 95 and 96:
25000 20000 15000 10000 5000 0 6000
Page 97 and 98:
The top ten facilities with the hig
Page 99 and 100:
Umtata Med (580) Boksburg (2012) Mo
Page 101 and 102:
There are 11 private secure facilit
Page 103 and 104:
medical officer to ascertain age an
Page 105 and 106:
The security responsibilities in DC
Page 107 and 108:
information is not provided to the
Page 109 and 110:
The current identification process
Page 111 and 112:
unning in Gauteng when the situatio
Page 113 and 114:
The facilities that fall under phas
Page 115 and 116:
For the Department of Justice and C
Page 117 and 118:
CHAPTER 8: Monitoring/Oversight 8.1
Page 119 and 120:
The Commissioner must include in th
Page 121 and 122:
longer justifiable for any person t
Page 123 and 124:
Inadequate systems for monitoring i
Page 125 and 126:
9.4 Challenges and Recommendations
Page 127 and 128:
emand detainees who cease to be so
Page 129 and 130:
Limited information obtained from D
Page 131 and 132:
o Lack of guidance through policy w
Page 133 and 134:
o Provisions for illiterate RDs who
Page 135 and 136:
Children RDs should be detained in
Page 137 and 138:
A strategy for determination of hig
Page 139 and 140:
A system of providing feedback to t
Page 141 and 142:
9.9 Issues and Recommendations on O
Page 143 and 144:
CONTRABANDS CONFISCATED IN PRETORIA
Page 145 and 146:
145
show all

Management of Remand Detainees in South Africa - DCS-Home

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?