03 november 2010
DESCRIPTION
BRIEFING BY THE JUSTICE CRIME PREVENTION AND SECURITY (JCPS) CLUSTER DEPARTMENTS TO THE PORTFOLIO COMMITTEE FOR CORRECTIONAL SERVICES ON REMAND DETAINEES. 03 November 2010. AGENDA. Introduction Reasons for delays (Investigations, Court Proceedings) Impact of delays Length of detention - PowerPoint PPT PresentationTRANSCRIPT
BRIEFING BY THE JUSTICE CRIME PREVENTION
AND SECURITY(JCPS) CLUSTER DEPARTMENTS TO THE PORTFOLIO COMMITTEE FOR CORRECTIONAL SERVICES
ON REMAND DETAINEES
03 November 2010
2
AGENDA
Introduction
Reasons for delays (Investigations, Court Proceedings)
Impact of delays
Length of detention
ATD Population
ATDs with and without Bail
Remand Detention Facilities
Remedial Actions
Conclusion
ATD POPULATION IN DCS
Average Number Of Remand Detainees In Custody
4802846087 46489
5067648915
47427
0
10000
20000
30000
40000
50000
60000
RSA 48028 46087 46489 50676 48915 47427
1st Qtr 09/10 2nd Qtr 09/10 3rd Qtr 09/10 4th Qtr 09/10 1st Qtr 10/112nd Qtr 10/11 (ends 31 Aug
2010)
Stabilised situation noticeable
Seasonal trends show an increase over the festive period
CHALLENGES
A previous lack of strategic alignment of JCPS Departments before the CJS Review and
Implementation of the 7 Point Plan
Capacity provision and alignment thereof across the CJS
Equipping and staffing SAPS forensic services
The shortage of detectives was identified as a critical reason in the finalisation of investigations
Backlog in detective training and experience levels
The necessary focus on major international events in South Africa unfortunately detract from
normal investigations
Vacancies in NPA, shortage of judicial officers, interpreters, social workers, probation officials,
forensic analysts as well as lack of adequate capacity of Legal Aid South Africa
Private Attorneys overbooking and requesting postponements
Cooperation by witnesses during the investigation and trial phases
FACTORS THAT PLAY A ROLE IN THE LENGTH OF DETENTION
Multiple number of co-accused in one case or accused linked to other crimes
that are under investigation as well as requests for separation of trials
Failure of witnesses to appear in court, leading to the case being remanded for
several times
Requests for remand by defense lawyers and the state
Failure of accused to appear in court
Withdrawal or changing of legal representation
Delay in securing a date at the high court
Multiple witnesses in the case
Loss of court records
8
INTERVENTIONS ADDRESSING RD POPULATION
Interventions to decrease (and that helped to stabilise) the RD prison
population include the following:
Implementation of the 7 Point Plan, following the CJS Review with focus areas
across the whole CJS
A specific focus on reducing case backlogs and especially very long outstanding
cases through backlog courts, with an initial focus on Regional Courts, but now
extended also to District Courts. (Special interventions focused on finalising
cases where RDs are detained for longer than 2 years. )
Improved investigation capacity and capability through the appointment of
more detectives and improved training and skilling
Improved throughput through dedicated courts, for example Serious
Commercial Crime Courts
Case Flow Management (CFM) Coordinating mechanisms which includes the
establishment of CFM local and provincial coordinating structures and CFM
directives and guidelines from NPA and the Judiciary
Implementation of the Bail Protocol (Section 63A and Section 63(1))
INTERVENTIONS ADDRESSING RD POPULATION
Other interventions to decrease the RD prison population: Court readiness of dockets and cases is now part of the SAPS Strategic and Annual
Performance Plan and JCPS Delivery Agreement SAPS intervention: detective court case officers (DCCO)
Pre-trial offenders assessments with regard to the possibility of bail by SAPS
Forensic Services Protocol
NPA to expedite and ensure the trial readiness of matters through for example the Screening Protocol
Improved court throughput through new Case Flow Management Guidelines, Legal Aid
Protocol and Regional Court President’s proposed Court Protocol
Initiatives by the Chief Justice in terms of reducing backlogs and delays in matters with the
institutionalisation of monthly meetings between the JCPS DGs and the Judiciary
Provision of additional CJS capacity (Forensic, Detectives, Prosecutors, Magistrates, Legal Aid
representatives)
The development of strategic policy frameworks regarding Restorative Justice and Alternative
Dispute Resolution Mechanisms (ADRM) (Diversions, informal mediations) and the
implementation thereof countrywide. This is a specific alternative to incarceration.
Increasing the use of Admission of Guilt by SAPS and Prosecutors.
More efficient processes to monitor and deal with children in conflict with the law (Inter-
sectoral Committee for Child Justice (ISCCJ))
SAPS not only committed to but in fact already started to increase the number of
detectives by 19.6 percent and grew by more than 22 percent. In addition, 2 153
new recruits that will bolster detective capacity are currently undergoing basic
training. In addition, the number of visible policing members increased and police
presence has led to a decrease in crime in general.
The NPA increased the number of prosecutors by 83. Legal Aid South Africa
increased their posts by 93. More Judges and Magistrates were appointed to bring
relief to pressure points.
Forensic Services, where significant exposures were identified, received specific
focus with increased capacity and additional funding allocated.
Family Violence, Child Protection and Sexual Offences Unit (FCS) were also re –
introduced to ensure effective and speedy investigation of these cases. In this
regards 176 Units (FCS) were established at Cluster level in all nine (9) Provinces)
STEPS IMPLEMENTED TO REDUCE THE DELAYS IN THE INVESTIGATION OF CASES THAT WERE REFERRED TO COURT
STEPS IMPLEMENTED TO REDUCE THE DELAYS IN THE INVESTIGATION OF CASES THAT WERE REFERRED TO COURT
Investigations:
The Division: Detective Service in the implemented of a specific Strategic Plan now
focuses on conducting inspections to ensure the quality of investigations and the
speedy finalization of the investigations of court cases.
Quarterly audits of cases that are outstanding on court rolls for long periods are
conducted to identify stations to be inspected. Targeted interventions are then
conducted at the identified stations to ensure that the investigation of outstanding
court cases are speedily finalized.
During inspections one-on-one in-service training are provided to Detective
Commanders and Investigating Officers and guidance are given on the finalization of
the investigation of court cases.
Training:
The training of Detectives were prioritized by the SAPS Human Resource
Development Division (HRD)
Mentorship programme introduced – inexperienced Detectives are placed with
experienced Detectives to guide and mentor.
Performance:
In order to ensure that court cases are prioritized for finalization a new
performance measurement indicator for the Detective Service was implemented,
namely “Court Ready Cases”.
This performance measurement indicator will ensure that Detectives speedily
finalise the investigation of court cases, because their performance are being
assessed on this performance indicator.
Integrated coordination between prosecutors and detectives has been established
with Detective Court Case Officers and this has led to improved performance.
STEPS IMPLEMENTED TO REDUCE THE DELAYS IN THE INVESTIGATION OF CASES THAT WERE REFERRED TO COURT
Record of Previous convictions (SAPS69)
A performance measurements tool was implemented to improve on the turnaround
time on producing the record of previous convictions.
Fingerprints to be forwarded to Criminal Record Centres for processing within 72
hours after being obtained (must be captured on computer system).
Record of previous convictions produced within 30 days (date of receipt by
Investigating Officer captured on computer system).
Station Commanders and Commanders of Criminal record Centres are held
responsible when targets are not achieved.
STEPS IMPLEMENTED TO REDUCE THE DELAYS IN THE INVESTIGATION OF CASES THAT WERE REFERRED TO COURT
Discretion of granting bail is in the hands of the independent presiding official, but
this is influenced by a variety of factors such as the flight risk of an alleged
offender, the socio-economic circumstances, affordability.
Non application of the 2-Stage Bail Process by presiding officers.
The role of the prosecutor and the police is to place all the factors before the court
to make a decision. Greater emphasis thus through NPA directives and Police
training.
To combat the situation of people sitting in Correctional Facilities with
unaffordable bail the use of applicable provisions of the Criminal Procedure Act
has been promoted with positive results.
See next slide.
BAIL
STRATEGIES IMPLEMENTED TO RELEASE RDS WITH BAIL DETAINED IN DCS FACILITIES
17
Year
Applications submitted to courts for consideration:
Successes
Total 63 Application (63A & 63(1)
Approval ito CPA sections
Number of approvals
2009/10
23 534 62 3 040
62(f) 7 287
71 227
72 5 058
Total approvals 15 612(66%)
April to Sept 2010
11 197 62 1 622
62(f) 2 093
71 127
72 3 750
Total approvals 7 592 (67.8%)
ATDS AND LENGTH OF DETENTION
Though the RD population reflects a decrease RDs detained for >24 months
demonstrate a gradual increase in 2010.
Comparison between 31 August 2009 & 17 August 2010: Red: denotes increase & Orange: denotes reduction on RDs
Period No of
RDs
% No of RDs % No of
RDs
% No of
RDs
% No of
RDs
% No of
RDs
%
< 1 Month 12458 25.70 12237 26.31 12274 26.76 11325 23.11 11734 24.80 12401 26.15472
1 - 3 Months 12744 26.29 10924 23.48 11360 24.77 12530 25.57 10571 22.34 10428 21.9935
>3 - 6 Months 9164 18.90 9130 19.63 8008 17.46 9546 19.48 9556 20.20 8538 18.00734
>6 - 9 Months 5101 10.52 4907 10.55 4677 10.2 5329 10.88 4765 10.07 5156 10.87443
>9 - 12 Months 2695 5.56 3023 6.50 3135 6.836 3038 6.20 3406 7.20 3409 7.18986
>12 - 15 Months 1846 3.81 1857 3.99 1952 4.256 2061 4.21 2004 4.24 2172 4.580925
>15 - 18 Months 1330 2.74 1231 2.65 1278 2.787 1372 2.80 1400 2.96 1433 3.022314
>18 - 24 Months 1439 2.97 1563 3.36 1556 3.393 1834 3.74 1920 4.06 1871 3.946092
> 24 Months 1704 3.51 1646 3.54 1621 3.535 1964 4.01 1954 4.13 2006 4.230818
Grand Total 48481 46518 45861 48999 47310 47414
30-Apr-10 30-Jun-10 17-Aug-1030-Apr-09 30-Jun-09 31-Aug-09
19
RDS IN DETENTION FOR 24 MONTHS AND ABOVE
Regions>2 to 3 years
>3 to 5 years
>5 to 7 years
>7 years above Grand Total
RC E/CAPE 179 72 5 0 256
RC GAUTENG 775 223 46 2 1046RC KZN 190 66 9 1 266RC LMN 128 52 6 0 186RC N/ C& F/S 116 33 3 0 152RC W/C 128 42 4 0 174Grand Total 1516 488 73 3 2080
Remand Detainees: 24 months & above 12 October 2010
21
REMAND DETENTION FACILITIES (RDFs)
The analysis for upgrading of RDFs was conducted in 3 RDFs and 2 female
correctional centres in 2009/10 financial year (Pretoria Local, Pretoria Female CC,
Johannesburg Medium A, Johannesburg Female CC and Potchefstroom). The total cost for upgrading of all 11 facilities is R4 billion. Discussions were held
with National Treasury (NT) in 2009/10 and NT advised that DCS should include
the upgrading process in its facilities budget programme. As of 2010/11
upgrading has been included in the facilities budget programme and the upgrading
of RDFs will be included in the regional plans for upgrading There are 3 RDFs that have been prioritized for upgrading which are PTA Local,
Johannesburg Medium A and Potchefstroom. Of the 3 RDFs, 2 (Joburg and PTA
Local) are estimated to cost over R400m and will be subject to option analysis
feasibility studies as required by National Treasury to determine if they will be
procured through the PPP route or Design-and-Build or other. The 3rd RDF may be
procured through the normal NDPW processes. Project timelines are being negotiated with NDPW.
22
CONCLUSION
It can be categorically stated that the JCPS Cluster is committed to ensuring that all
people in South Africa are and feel safe. As part and parcel hereof the Cluster is
focusing on ensuring an efficient CJS and addressing delays in investigations and
court proceedings. The Cluster is also focusing on ensuring that the Remand Detention population is
kept as low as possible, notwithstanding the fact that many offenders for serious
crimes are dealt with through the courts. Cabinet has this week approved a White Paper on Remand Detention together with
amendments to the Correctional Services Legislation and this will in the long term
have a positive impact in reducing the number of RDs and the length of
incarceration pending the finalisation of matters. The JCPS Cluster Departments representatives however wish to stress that there is
a constitutional obligation to ensure the safety of the community on the one hand,
balanced against the rights of remand detainees.