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PRESIDENT'S OFFICE
No. 803. 10 May 1996
NO. 14 OF 1996: CORRECTIONAL SERVICES AMENDMENT ACT,
1996.
It is hereby notified that the President has assented to
the following Act which is hereby published for general
information:-
GENERAL EXPLANATORY NOTE:
** ** Words between asterisks indicate omissions from
existing enactments.
<< >> Words between pointed brackets
indicate insertions in existing enactments.
ACT
To amend the Correctional Services Act, 1959, so as to
make provision for certain extraordinary interim measures
in respect of the detention of unconvicted young persons
accused of having committed certain serious offences; and
to provide for matters connected therewith.
(English text signed by the President.) (Assented to 10
April 1996)
BE IT ENACTED by the Parliament of the Republic of South
Africa, a follows:-
Amendment of section 29 of Act 8 of 1959, as substituted
by section 1 of Act 17 of 1994
1. Section 29 of the Correctional Services Act, 1959, is
hereby amended-
(a) by the substitution in subsection (2) for the words
preceding paragraph (a) of the following words:
"(2) A person referred to in paragraph (a) or (b)
of subsection (1) may be detained in a police cell or
lock-up
after his or her arrest until he or she is brought
before a court within a period not exceeding 24 hours <<in
respect of a person referred to in paragraph (a) of that
subsection and not exceeding 48 hours in respect of a
person referred to in paragraph (b) of that subsection,>>
if-";
(b) by the substitution for subsection (5) of the
following subsection:
"<<(5) (a) A person referred to in subsection
(1)(b) who is accused of having committed an offence shall
before his or her conviction and sentence, not be detained
in a prison or a police cell or lock-up unless the
presiding officer has reason to believe that his or her
detention is necessary in the interests of the
administration of justice and the safety and protection of
the public and no secure place of safety, within a
reasonable distance from the court, mentioned in section 28
of the Child Care Act, 1983 (Act No. 74 of 1983), is
available for his or her detention: Provided that such a
person may only be detained in a prison (but not a police
cell or lock-up) if he or she is accused of having
committed an offence or category of offences mentioned in
Schedule 2, or any other offence, in circumstances of such
a serious nature as to warrant such detention: Provided
further that such a person shall be brought before the
court that made the order of such detention every 14 days
to enable such court to reconsider the said order.
(b) In the absence of the said presiding officer any
other presiding officer of that court may, after
consideration
of the evidence recorded and in the presence
of the said person, make such order as the presiding
officer who
is absent could lawfully have made in the
proceedings in question if he or she had not been
absent.>>";
(c) by the insertion after subsection (5) of the
following subsections:
"<<(5A) (a) In considering whether the
interests of the administration of justice and the safety
and
protection of the public necessitate the detention of a
person referred to in subsection (1)(b) in a prison (but
not a police cell or lock-up) the presiding officer shall,
in addition to any factor which he or she deems necessary,
take into account the following factors, namely-
(i) the substantial risk of absconding from a place of
safety mentioned in section 28 of the Child Care Act, 1983
(Act No. 74 of 1983);
(ii) the substantial risk of causing harm to other
persons awaiting trial in a place of safety; and
(iii) the disposition of the accused to commit offences.
(b)Before the detention of a person in terms of
subsection (5) is ordered, oral evidence shall be presented
by
the State with regard to the factors referred to in
paragraph (a).
(c) A person detained in terms of subsection (5) shall
as soon as possible after his or her arrest be afforded the
opportunity to obtain legal representation as contemplated
in section 25 of the Constitution and section 3 of the
Legal Aid Act, 1989 (Act No. 22 of 1989).
(d) The highest priority shall be given to the most
expeditious processing of the trial of a person detained in
terms of subsection (5).
(5B) The Minister of Correctional Services shall as soon
as possible after the commencement of this Act, ensure that
regulations regarding the treatment and conditions of
detention of awaiting trial persons under the age of 18
years are brought into line with relevant internationally
recognised human rights standards and norms.>>";
and
(d) by the addition after subsection (7) of the
following subsection:
<<"(8) For the purpose of this section, an
unconvicted person shall be construed as a person who has
not been convicted or sentenced>>.".
Substitution of Schedule 2 to Act 8 of 1959
2. The following Schedule is hereby substituted for
Schedule 2 to the Correctional Services Act, 1959:
"SCHEDULE 2 (Section 29(5))
Murder Rape Robbery <<where the wielding of a
fire-arm or any other dangerous weapon or the infliction of
grievous bodily harm or the robbery of a motor vehicle is
involved>> Assault <<with intent to commit
grievous bodily harm, or>> when a dangerous wound is
inflicted <<Assault of a sexual nature>>
Kidnapping **Arson Breaking or entering any premises with
intent to commit an offence**
Any offence under any law relating to the illicit
conveyance or supply of dependence producing drugs
Any conspiracy, incitement or attempt to commit any
offence referred to in this Schedule.".
Savings
3. Section 1 (a) of this Act shall cease to have effect
after the expiry of a period of one year from the
commencement
thereof: Provided that Parliament may at the
expiry of the one year period, extend the period for one
further
year.
Short title
4. This Act shall be called the Correctional
Services Amendment Act, 1996. |
