Research report on remand detention in South Africa: an overview of the current law and proposals for reform
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Date
2011
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Civil Society Prison Reform Initiative
Abstract
The report discusses, firstly, the bail provisions in the Criminal Procedure Act with regard to the right to liberty and in the broader constitutional notion of proportionality. Second, case law from regional and international bodies dealing with pre-trial release is explored, and third, detention time limits and automatic bail review proceedings are discussed. Fourth, the conceptual distinction between fair trial
rights and liberty interests and the South African courts’ treatment of “undue delay” cases is described. The report concludes with the recommendation that a constitutional challenge, based on the Criminal Procedure Act’s failure to adequately protect the accused’s right to liberty, be brought on behalf of South Africa’s remand detainees. Such a challenge would be based on the right to liberty and argue that without custody time limits and a regular, automatic review of bail decisions, the law in relation to bail, as it currently stands, is unconstitutional.
Description
Keywords
South Africa, Remand detention, Mandatory review, Just cause and proportionality, Automatic review
Citation
Ballard, C. 2011. Research report on remand detention in South Africa: an overview of the current law and proposals for reform. Civil Society Prison Reform Initiative. 1-39