STATEMENT RE APPLICATION OF BAIL LAWS

Issued by: SA Communication Service

31 July 1997

Recent cases have thrown into prominence shortcomings in the administration of the bail laws. The Minister of Justice has submitted proposals to the Cabinet to make it more difficult for suspects in cases of serious violent crime to obtain bail.

A study carried out for the National Crime Prevention Strategy (NCPS) has now show that major changes are needed in the way in which the police, prosecutors and magistrates apply the law. While it is necessary to protect the rights of accused persons, the inappropriate granting of bail can be a problem for investigation and prosecution. Steps to remedy these problems have already started. Further project proposals will be tabled to the Committee of Ministers of the NCPS at its August meeting. These measures to improve the administration of bail are essential to the success of the Minister's amendments to tighten the law.

The NCPS study looked at bail applications in three courts in different parts of the country. The case studies involved violence against women ad children, crimes involving firearms and gang-related crimes. The task team interviewed investigating officers, prosecutors and magistrates. The study found that many bail applications are not opposed where they should be, and that the State is often not adequately prepared to oppose bail. In at least one court, bail was not opposed even in cases of taxi murders and armed robbery. The study concludes that the existing bail laws are not being effectively applied in many cases.

The key problems which were identified by the study were:

• Inadequate training of police and prosecutors on bail issues and criminal procedure;
• Many prosecutors are inexperienced, and many have not received training;
• Many detectives have not received detective training;
• The absence of an integrated national information system to allow access to criminal records and records of previous bail applications and charges;
• In the time available before a bail application, it is very often not possible for police to properly identify a suspect, to check on previous convictions or charges, or to check on the effect which the release of a suspect would have on an investigation;
• Police, prosecutors and courts often appear to be uncertain about the implications of the Constitution, and as a result are often reluctant to oppose or refuse bail in cases where that would in fact be justified;
• Bail applications in cases of serious violent crimes or organised crime are not prioritized for handling by senior personnel;
• The inconsistent application of control systems by police and prosecution authorities sometimes leads to poor preparation of dockets;
• Both detective and prosecutors are usually overloaded, especially in urban centres;
• There is often poor communication between investigating officers and prosecutors;

Unless these issues are urgently addressed, changes to the legislation will not be able to resolve the problem.

Many projects are already under way through the NCPS. An invitation for tender has been issued for the creation of an integrated criminal justice information management system. The first phase of this project is to be ready in March 1998. Funds have been allocated as part of this project of an improved court management system, which will include the computerisation of the offices of the Attorneys-General. Another part of the project will improve access to criminal records.

The tender specifications for the Automated Fingerprint Identification System are being published. This will bring the time for fingerprint identification down to less than 48 hours, and will greatly assist identification.

Improved communication and co-operation between prosecutors and police is being prioritised, and joint training courses are taking place.

Training of court officials and the provision of infra structure for courts and for prosecutors is taking place. The SAPS and the Department of Justice have taken steps to ensure that the existing control system for dockets is properly applied. Issues of discipline and of moral are being addressed in the NCPS programme on corruption.

The Vera Institute, working with the Department of Justice, is implementing various pilot programmes in courts in Cape Town in the Pretrial Services Demonstration Project. The results of this project will provide valuable lessons for the preparation of bail hearings.

Further measures which will be proposed to the Ministers include:

• Improved administrative assistance to detectives and prosecutors;
• Practical training for police and court officials focused on bail issues;
• Training for court officials and police on the implications of the Constitution;
• Measures to divert those charged with minor crimes out of the courts by providing alternatives, including administrative measures.

The improvement of the State's ability to deal with bail hearings properly is a priority of the NCPS.

Issued by: Dr B L Fanaroff - Co-ordinator of the NCPS. Tel: (012) 339-2573/6/7 Fax: (021) 339-2438 For more information contact: F Nacerodien Tel: (012) 339-2500 or Adv D du Plessis Cell 082 444 8691