Correctional Services Amendment Act

1. Section 29 of the Correctional Services Act. 1959, is hereby amended- (a)- by the suostitUtiOiiinsubsecti(m (2) for tlie words-preceding'jiaritgniph (a)of . .-.·, . . 1 "(2)A person referred to in paragraph (a) or (b) of subsection (I) may be detained in a police cell or lock-up after. his or her arrest until he or she the following words: , , _. .. ; , . is brought before a 'court wlthiil a 'penod 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) oC. · · · that subsection, if-"; .•. 5 lO (b)- . by th~ substitution for subsection' (5) of the following subsection: - ... " 5 a A erson referred to in subsection 1 b who is accused of 15 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 ·pr~siding ~_offi~er has·.reason to:,believe thiit -his :or' her' detention is • • • • • • • · ; • • • - • • # • • • -• ._ _ , I . . . .. . , ,. . • - •.••. necessary m. the mterests of the admmtstratton of JUStlce and the safety ·and protection of the ·public and no secure place of safety, within a 20 .. reasonable distance from the: court, mentioned in section 28 of the Child ·:' i 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 25 . ·· 4 No. 17186 GOVERNMENT GAZETIE, 10 MAY 1996 Act No. 14, 1996 CORRECI10NALSERVICES AMENDMENT ACf, 1996 offence, in circumstances of such a ·serious nature ·as to wairant such detention: Provided further that such a person shall be brought before the 'court that made the order of iuch detention eveiy 14 days to enable such court to reconsider the said ordet; . . · · (b) In the absence of the said presiding. officer any other presiding 5 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 guestion if he or she had not been absent~:.!. _ ··- _ _ _____ ·-- .. .. : .. ' ·. ·. · (C)· · by the insertion· after ·subsection· (5) ·of the following subsections: · ·· ·- ·- · 10 " 5A a In considerin 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 fac tor which he or she deems necessary, take into account the following 15 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 -r' /.;-,; : ~ 20 ··. ,, • ~ a place of safety;· and .·-"· ... ,., :;: · .. ·.: :· .·,>: .:: ~- ; .. ,.. . .• (iii) i: the disposition of the accused to commit offences;., ·:•. '· · , ~~ · (b) Befol"e the detention of a person in tenus; 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 tenus of subsection (5) shall as soon as 25 ·- 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 hightrst 'priont)i ··shall ·be· given to the most expeditious processing of tile 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 no nus.?; and,, •.;( f . . (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/\. 30 35 Substitution of Schedule 2 to Act 8 of 1959 2.-.The'following Schedule-is hereby substituted for Schedule 2-'to the-Correctional 40 Services Act. 1959: · · . "SCHEDULE 2· ·.(Section 29(5)) • · ..;o-·• .. · Murder. Rape, Robbery where the wielding of a fife-arm or any other dangerous weapon or the infliction of grievous bodily hann or the robbery of a motor vehicle is involved Assault with intent to commit grievous bOdily harm; or when a dangerous wound is inflicted . ' . •'> ~- . Assaultofasexualnaiure' :· ·1 ' '· :·· Kidnapping : · ' ·: ... · ·:: ·· : -~-~· .o: ·. ·,_ [Arson···'• ·· :, ··~··: ·.· .. ·····•···• · .,,_ .. , · ·· Breaking or enterlng aiiy premis~ With ·mtent t()' co!n'mit an offence] .'· > ··' · '. · ·. ··• • ....... - • ~ •• • • . · · .> ' .. ''.'···"·'.. . • ·~. • :, : _.. . ·-··-· - · , .. · ··•· ·-· · · . . 45 .- · 50 6 No. 17186 Act No. 14,1996' GOVERNMENT GAZETTE, 10 MAY 1996 CO~ONALSER~CESAMEND~ACT,1996 . 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.". . · .. · · ~ayings , 5 :c: .~· s.ectio.nl (a)~ ?f. thisAc~ ~~lll.l,ceas~ to have effe~t afte_~ th~ ~xpirj.of,a period of one · year from the commencement thereof: Provided that Parliament may at the expiry of the one 'year penoo, extend the peiiod for one furth .. er year.' .. ' . ' ' ' . . ' Short title

4. This' Act shall be called the Correctional. Services Amendment Act, 1996. I 0