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

Impact of (and reasons for) delays in investigations and court proceedings

Information on Remand Detainees

Stabilised situation noticeable since 2005

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

Impact of (and reasons for) unaffordable bail on the awaiting trial population

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

Update on the refurbishment of dedicated remand detention centres.

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.

Thank you