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Date: April 29, 2024 Mon
Time: 8:48 pm
Time: 8:48 pm
Results for remand detention
1 results foundAuthor: South Africa Department of Correctional Services Title: White Paper on Remand Detention Management in South Africa Summary: This White Paper on Remand Detention seeks to add to the 2005 White Paper on Corrections by dealing with inmates who constitute on average one third of the total population at DCS facilities but who were not adequately catered for in the White Paper on Corrections. An additional number of RDs are accommodated in DSD and SAPS facilities. The responsibility of the DCS for those in remand detention follows a decision by Cabinet in 2009 to deal with the management of awaiting-trial detainees (as remand detainees were previously known) by creating a branch within the DCS for this category of inmates. This required an alignment of existing legislation and policies as remand detainees pose very distinct and unique challenges compared to the population of sentenced offenders. Discussions within the JCPS Cluster as well as with external stakeholders led to the development of a White Paper as well as an amendment to the Correctional Services Act in the form of the Correctional Matters Amendment Act, 2011 (Act No 5 of 2011)(CMAA). The CMAA included a review of the definition of awaiting-trial inmates, wearing of uniform for remand detainees, management of terminally ill inmates, temporary surrendering of detainees to SAPS custody and a determination of the maximum period of detention for which a person could remain in remand detention. The Act was passed on 25 May 2011, which led to a further alignment of the White Paper with the Act. This White Paper communicates the principles that drive the Detention Management of Remand Detainees, drawn from local and international laws, and conclude that remand detention is not punitive, occurs as a result of an order of a court of law, is managed with the highest possible ethical and professional standards, and that detainees have to be informed of their rights and obligations and are separated from sentenced inmates. The principles further state that remand detention requires greater levels of effectiveness and integration in the criminal justice system and that institutions should be subject to oversight and control. Overall, the White Paper is based on the constitutional right that a person charged with a crime is innocent until proven guilty and shall be treated as such. Remand Detention Facilities must therefore allow for the minimal limitation of an individual's rights, while ensuring secure and safe custody. Personnel must be trained in human development, in the rights of persons in the criminal justice system process, and in secure and safe custody. Details: Pretoria: Department of Correctional Services, 2014. 60p. Source: Internet Resource: Accessed April 29, 2017 at: http://www.dcs.gov.za/docs/landing/White%20Paper%20on%20Remand%20Detention%20Management%20in%20South%20Africa.pdf Year: 2014 Country: South Africa URL: http://www.dcs.gov.za/docs/landing/White%20Paper%20on%20Remand%20Detention%20Management%20in%20South%20Africa.pdf Shelf Number: 145204 Keywords: Pretrial DetentionRemand DetentionRisk Assessment |