Criminology Chapter 3 Notes READ 67-83

The South African criminal justice system (CJS)

 In 1994 the Justice, Crime Prevention and Security (JCPS) cluster was
established.
 JCPS cluster: SAPS, DoJ&CD (NPA), DCS, DHA, Defence and Military
Veterans, SSA.Core of the CJS = SAPS (police), DoJ&CD (courts), and DCS
(corrections).
 The SAPS is mandated to investigate and prevent criminal acts and arrest
suspects.
 The main focus of Doj&CD is the management of the court system with
the NPA focusing on suspects.
 DCS imprison sentenced offenders in correctional centres and aims to
rehabilitate all inmates.
The sequential functioning of the CJS
 Crime is reported to police station
 Police open docket and investigate the crime.
 Docket sent to court (prosecutor to decide if more investigations are
needed).
 NPA decides whether to prosecute or not
 -If they decide not to prosecute it is because the case is not strong
enough (not enough evidence).
 -If they decide to prosecute, the case goes to court for the charge to be
formalised.
 -Prosecutor may decide to divert the matter for alternative resolution
 In court, the accused may apply to be released on bail (while waiting for
the trial to finish); which is followed by a bail hearing.
 Trial may be postponed a few times to collect more evidence, or the
accused may want a lawyer.
 Prosecutor will be the first to call witnesses to give evidence to prove the
accused is guilty.
 Accused or their lawyer may then also call witnesses or present evidence.
 After both sides a been heard, the presiding officer decides if the accused
is guilty or not guilty.
 If guilty, the accused is sentenced by the presiding officer
  - If sentenced to imprisonment, the offender may be released on parole
(decided by parole-board hearing).
 - If sentenced to pay a fine or compensation, this is paid to the clerk of
the court.
 - The court may use other sentencing options apart from imprisonment
or fines such as community service.

1. The South African Police Service (SAPS)

 SAPS falls under the control of the Department of Police.
 The aim is to enforce the law and to enhance national security.
 Justice is set into motion when the police make an arrest - gatekeeper of
the CJS.
According to Section 205 of the Constitution 108 of 1996, the SAPS are
responsible for:
 Preventing, combating and investigating crime
 Maintaining public order
 Protecting and securing SA and their property
 Upholding and enforcing the law
The vision is to create a safe and secure environment for all people of South
Africa and the mission is to (Annual Report of the SAPS):
 Protect and combat crime that may threaten the safety and security of
the community
 Investigate crime
 Ensure that offenders are brought to justice, and
 Participate in efforts to address the cause of crime.
The values of the SAPS are to:
 Protect the rights of all South Africans and to be impartial, respectful and
accountable to the community
 Use its powers in a responsible way
 Provide a service with honesty and integrity
 Evaluate its service continually
 Use the resources provided by the government in the best possible way
 Continually develop the skills of its members, and
 Cooperate with the community, government, and all role-players
SAPS consists of many divisions, we will only focus on crime intelligence, visible
policing, detective services and protection and security services.

 CRIME INTELLIGENCE
- Purpose = effectively manage the crime intelligence capacity of the SAPS
through the crime information analysis centre and crime information
management centre
- But also involved in other activities
 VISIBLE POLICING
- Aim = combat crime by providing visible proactive and responsive police
services.
 The main components of this division are:
 - Proactive policing services
 -Rapid rail and police emergency services
 -Management of firearms, liquor and second-hand goods services
 - Social crime prevention

DETECTIVE SERVICE
 Purpose = effectively manage the investigative work of the SAPS by
providing support to the investigators in terms of forensic evidence and
the Criminal Record Centre.
The detective service division consists of 4 sub-divisions:
1. Crime investigations – Accommodates detectives at police stations who
investigate organised crime, serious and violent crime, general crime and
commercial crime.
2. Criminal Record Centre – Manages criminal records
3. Forensic Science Laboratory – Provides support to investigators in respect
of evidence
4. Specialised Investigations – Prevent, combat and investigate national
priority crimes, such as organised crime.

PROTECTION AND SECURITY SERVICES

Aim = protect prominent foreign and local dignitaries.
 This unit consists of 3 sub-divisions:
1. VIP protection services – Protection of the president, deputy
president, former president, and their spouse and other identifies VIPs
while in transit
2. Static and mobile security – Protection of other local and foreign VIPs,
the places in which all VIPs are present, as well as valuable government
cargo.
 3. Government Security Regulator – Regulates security in public policing.

Municipal/Metropolitan Police Service (MPS)

 MPS officials have powers of arrest, search and seizure within their area
of jurisdiction.
 Since 2000 to date = 6 metropolitan areas have been established.
 They do support the SAPS in maintaining law and order as well as
maintaining peace, safety and security in their jurisdiction.
MPS has 3 statutory functions
 CRIME PREVENTION – MPS carried out activities to achieve the objectives
of preventing and reducing crime is to ensure that members of the public
are aware of social crime prevention within their municipal area which
includes:
 - increasing police visibility through random or targeted patrols
 - improving the response time to emergency calls
 - crackdown operations involving stop, search and seizure, especially at
roadblocks, and
 - improving the rate of criminal arrests.
 TRAFFIC POLICING – Traffic policing consists of stopping vehicles to check
driver’s licences and the roadworthiness of vehicles, and enforcing the
law against motorists who are speeding, driving recklessly or driving
under the influence of a substance.
 AIM to bolster the efforts and interventions of existing traffic authorities
in dealing with challenging areas or during high-volume traffic situations.
 ENFORCEMENT OF BY-LAWS - The role of enforcing by-laws will require
the MPS to deal with many varied problems, such as street trading.
 - By laws also regulate fireworks and very strict rules apply.

Independent Police Investigative Directorate (IPID)

 IPID is responsible to oversee the actions of law enforcement officials.
 Before 2012 this was the responsibility of the Independent Complaints
Directorate (ICD), which was established in 1997 and reconstituted as
IPID in April 2012.
 The mandate of IPID is to investigate complaints of brutality or
misconduct by members of the SAPS and MPS and operate separately
from the SAPS.
 The vision of IPID is to promote police conduct by the principles of the
constitution and its Mission is to conduct independent, impartial and
 quality investigations of identified criminal offences allegedly committed
by members of the SAPS and MPS.

According to section 28 of the IPID Act 1 of 2011, IPID will investigate the
following offences:
 Any death in police custody
 Deaths as a result of police actions
 Complaints relating to the discharge of an official firearm by any police
official
 Rape by a police official, whether the police official is on or off duty
 Rape of any person in police custody
 Any complaint of torture or assault against a police official in the
execution of his or her duties
The IPID may not accept and investigate the following matters (IPID Brochure):
 Cases of non-compliance with the Domestic Violence Act by SAPS
members
 Service delivery complaints against SAPS and MPS members
 Matters that have been dealt with or are currently being dealt with by
the courts
 Matters that are not criminal in nature, for example, divorce.

The judicial system

 This department aims to uphold and protect the South African

Constitution and the rule of law.
 it aims to deliver an efficient and responsive justice system to all of South
Africa.
 It is important to understand the reasons why offenders are being
punished.
 We will focus on 5 punishment approaches namely:
 Deterrence- The punishment attached to the committing of a crime is
meant to deter people from criminal acts. Individual deterrence is to
teach an offender a lesson, thereby deterring the offender from
committing a crime in future. General deterrence implies that a person
threatened with punishment will abstain from committing any cri
 Prevention (incapacitation) – Those favouring the incapacitation model
claim that people who have broken the law of society should be removed
from society and placed in an environment where they will not be able to
commit further crimes.
  Retribution – The retribution model advances the notion that offenders
should be punished because they deserve punishment for the crime that
they have committed. This is based on the revenge principle of an ‘eye
for an eye and a tooth for a tooth’.
 Rehabilitation - According to the rehabilitation approach, offenders'
behaviour must be changed to reduce the likelihood of future crime.
 Restorative justice – This approach aims to restore the conflict and
imbalance between the victim and the offender.

1. The South African Court Structure

LOWER COURTS
ORDINARY MAGISTRATES COURT REGIONAL MAGISTRATES COURTS

HIGH COURTS

SUPREME COURT OF APPEAL

CONSTITUTIONAL COURT
2. The South Africa Court Structure
Lower Courts
Ordinary Magistrates Court Regional Magistrates Court
Level above mag court and no
appeals.
Can hear any alleged crime except Cannot hear cases of treason
high treason, murder, sabotage and
rape
May impose a fine not exceeding R May impose a fine not exceeding R
120 000 300 000
Imprisonment for a max of 3 years Imprisonment for a period of up to 20
years
HIGH COURTS
 13 HC divisions- judge President, 1/more deputy judges and as many
judges as the press may determine.
 If the case involves a very serious crime then a judge and two
experienced people in law called ASSESSORS will listen to the case.
 It can hear any case and has no restrictions on sentences that can be
imposed.
 First court of appeal for cases dealt with at the magistrates’ court level.
 SUPREME COURT OF APPEAL
 Any case of appeal not involving human rights is heard by this court.
 Highest court of appeal and is situated in Bloemfontein
 Jurisdiction to hear and determine an appeal against any decision by a
High Court.
 No testimony or any new evidence - documents & records from the
lower courts.
 3-5 judges will decide on all cases.
 President and Deputy President of the Supreme Court of Appeal +
number of judges of appeal.
 The final decision of this court is the one supported by most of the
judges.

CONSTITUTIONAL COURT

 Origin in the Constitution of SA and located in Jhb.

 Highest court in all constitutional matters, including cases and appeals
based on human rights violations AND highest court decision in ALL
matters.
 This court does not hear evidence or question witnesses.
 Unlikely that this court will be involved in the imposition of any sentence.
 Consist of the Chief Justice of SA, the Deputy Chief Justice and 9
Constitutional Court
judges.
The National Prosecuting Authority (NPA)
 Constitution makes provision of a single prosecuting authority = NPA.
 Vision = bring justice to society so people can live in freedom and
security.
 Mission = Ensure justice to victims of crime by prosecuting offenders
without fear,
favour or prejudice.
 NPA has the power to:
 Institute criminal proceedings on behalf of the state
 Conduct such criminal proceedings
 Discontinue criminal proceedings

 The NPA consist of various units:

 ASSET FORFEITURE UNIT (Take the profit out of crime)
  Seize assets that are the proceeds of crime OR have been part of an
offence through a
criminal or civil process.

 NATIONAL PROSECUTING SERVICES

 Performs the core function of the NPA – instituting criminal proceedings
on behalf of the
State + responsible for appeals that my follow as a result of a successful
prosecution.
 May also resolve criminal matters outside of the formal trial process.
HOW?

 SEXUAL OFFENCES AND COMMUNITY AFFAIRS UNIT

 Responsible for the establishment of the Thuthuzela care centres for
victims of rape (24-hour one-stop centres).
 The mandate of this unit includes:
 Conducting research regarding sexual offences
 Developing community awareness about sexual offences, and
 Formulating policy about the prosecution of sexual offences and gender-
based violence.
 Coordinating the establishment of special courts for sexual offences and
gender-based violence.
 SPECIALISED COMMERCIAL CRIME UNIT
 This unit was established to bring specialisation to the investigation and
prosecution of commercial crime.
 OFFICE FOR WITNESS PROTECTION
 Provides protection, support and related services to vulnerable and
intimidated witnesses and related persons during the court proceedings.
 Priority Crime Litigation Unit
TYPES OF SENTENCE OPTIONS IN SOUTH AFRICA
 The following sentences may be imposed on a person by any criminal
court
 Fine with/without imprisonment as an alternative, correctional
supervision or a
suspended sentence
 Imprisonment
 Periodic imprisonment
  Declaration as a habitual criminal
 Committal to an institution
 Declaration as a dangerous criminal
 Warning or caution (probation)
Fines
 Fine = monetary sanction (loss) ordered by the court.
 THUS court orders the offender to pay an amount of money to the State
– see difference
btw Magistrates and Regional courts.
 Loss for the offender and a gain for the authority/community.
 Advantages and disadvantages of fines?
 Disadvantages of a fine are that it is often difficult to collect and a fine
may be inappropriate depending on the financial circumstances of the
offender.
 Advantages are that fines may be considered a source of state revenue
and may, in some cases, take away some of the criminal profit of an
offender.
Imprisonment
 Imprisonment admission, confinement & detention of a person in a cc.
 Offender is taken to a cc on the basis of a warrant (formal court order
issued by the presiding officer (judge or magistrate) of the court.
 Periodic imprisonment:
 Serve term of imprisonment in instalments (weekend sentence).
 Min of 100 to a max of 2,000 hours (24 hours) – work schedule.
 Thus offender sentenced to 2 000 hours over a 24-hour period will
complete the sentence over 84 weeks.
 May be imposed for any crime except murder, rape, robbery or any
offence for which the min sentence applies.
 Separated from other offenders.
 Declaration as habitual criminal:
 Warning – detained in a cc at the expense of the State.
 Indeterminate sentences - minimum 7 years before being considered for
parole.
 A person can only be declared a habitual criminal if the court is convinced
that:
1. The person is older than 18 yrs;
 2. A person commits crime out of habit; and
3. The community should be protected against the person
 COMMUNITY CORRECTIONS
 The purpose of community corrections is to assist offenders with
reintegration, which puts them back into the community.
 Community corrections supervise those placed under correctional
supervision and
those who have been released and placed on parole.
 PAROLE
 Parole = release + conditional placement of an offender into the
community after serving the prescribed minimum detention period of
his/her sentence in a cc.
 Inmates who qualify for parole are referred to parolees and are under the
control of the DCS until the parole period expires.
 Purpose = reward offenders for compliance with their sentencing plan.
NB parole is a
privilege and not a right.
 All offenders serve the following minimum periods of imprisonment
before being considered for parole:
 Determinate sentence: Half of the sentence or the non-parole period as
specified by the court or 25 years of the sentence, whichever is the
shorter period.
 Life imprisonment – After having served 26 years. If an offender is 65
years or older and has completed 15 years of the sentence placement on
parole must be considered.
 Persons declared to be habitual criminals – After having served at least
seven years.
 Dangerous criminals- Referral back to court within 7 years after
completion of the period as determined by the court or after having
served 25 years, whichever is the shortest.
 Scheduled offences in terms of the Criminal Law Amendment Act 105 of
1977 – After serving 80% of the sentence. The court may rule that only
two-thirds of the sentence needs to be served.
 Correctional Supervision and Parole Boards = charged with the placement
of each offender (52).
 Case Management Committee (CMC) = responsible for recommendations
in connection with the placement of offenders.
 Placement is done on set dates and based on a number of factors:
  Pre-sentence factors
 Comments made by the magistrate or judge
 Length of sentence
 Age of the offender and the victim
 Nature, seriousness or circumstances of the crime
 Crime pattern and rate of committing crime.
 Information from victims
 Support system within the community
 Comments and reports from non-government organisations.

 Victim can attend the hearing OR make written representations.

 Can also ask that certain stipulations be included in the offender’s parole
conditions = especially in cases of rape and child abuse.
 If offenders are placed on parole before the expiry of their sentence, the
DCS has to ensure that the offender is properly managed (Community
Corrections office).
 This is done using specific parole conditions (please see and study these
conditions on page 85 of the prescribed textbook).
 Although the Correctional Supervision and Parole Board makes the final
decision on the placement of an offender on parole – Min/Commissioner
may refer a matter to the Review Board (RB) of the Correctional
Supervision Parole Board for reconsideration.

COMMUNITY CORRECTIONS
 CORRECTIONAL SUPERVISION
 Correctional supervision = community-based punishment.
 Can be imposed in 1/2 ways:
 1. A person must first serve a portion of the sentence in a cc OR
2. Be directly sentenced to correctional supervision (probationers).
 If the offender violates any of the conditions set by the court he will get
the opportunity to explain the reasons for the violation.
 If the reason is acceptable = the offender will be warned.
 If violations of conditions persist = written warnings and conditions are
made stricter.
 May return to cc for a short period of less than 72 hours
 If a serious violation the offender can be re-admitted to a cc to serve the
remaining part
of the sentence.
 Conditions of correctional supervision
 Community service – This service may take any form that serves the
interests of the broader community and the probationer may be ordered
to work a fixed number of hours at a hospital, school or any other
institution. Community service should preferably be performed in the
area where the probationer or parolee lives.
 Programmes with a rehabilitative focus – Rehabilitation takes place more
in the community than in a correctional centre. Offenders with
community-based sentences are ordered by the court to attend
programmes aimed at addressing specific individual needs. These
programmes are aimed at acquiring social skills, receiving aid in cases of
drug and alcohol abuse or attending courses to prevent further
criminality.
 House detention/ arrest – Correctional supervision is to ensure that
probationers and parolees remain under house arrest during their free
time and outside working hours. Parolee is also subject to house arrest
conditions. Depending on the house arrest requirements many
probationers are allowed to participate in organised sports activities and
attend church services. Specific conditions, such as an alcohol abstinence
order, can also be included in the conditions.
 Monitoring – Monitoring ensures that the probationer or parolee
complies with a house arrest restriction. Parolees can be monitored
either physically or electronically. With physical monitoring, a
correctional supervisor will visit the offender’s home to ensure that the
offender is complying with the house arrest and other conditions. Visits
are made once a week. Electronic monitoring is done using a transmitter
device in the form of an electronic anklet that is attached to the ankle of
an offender. This allows monitoring personnel to track an offender’s
movements electronically and using telephonic contact at the home
and/or workplace of the parolee. The parolee can be visited at the place
where he/ she renders community service.
 Victim’s compensation – The court may order that the parolee pay a
certain amount as compensation for the losses suffered as a result of the
crime.
 Contribution to costs – Collect funds from the probationer for the
performance of correctional supervision. The amount is calculated after
taking into account the cost of correctional supervision and the earnings
and the means of the probationer.

 GRADES OF CORRECTIONAL SUPERVISION

  An offender must report to the correctional supervision office within 3
working days after the sentence has been imposed or the court order
issued.
 At the first meeting, the grade of supervision to which the offender will
subjected and the programmes he/ she should attend are determined.
 Grades of monitoring applied range from phase 1 to phase v, depending
on the risk of the parolee to the community.

Phase of Category of Monitoring House detention

supervision parolees
Phase I History of Be physically Working hours
violence visited at home at
least four times a
month
Previously Be visited at work Four hours’
violated parole at least once a shopping period
conditions month per week
Sexual offender/ Visit the Compulsory
crimes against community attendance of
children and the corrections office programmes/
aged at least twice a community
month service
Phase II Not more than Be physically Working hours
one previous visited at home at
violent crime least three times
a month
Has not Be visited at work Six hours’
committed sexual at least once a shopping period
crimes/crimes month per week
against children
and the aged
Visit the Compulsory
community attendance of
corrections office programmes/
at least once a community
month service

Phase III No previous Be physically Working hours

record of violent visited at home at
crime
 least twice a
month
Has not Be visited at work Two free hours
previously at least once a per week
violated parole month (Monday –
conditions Friday)
Has not Visit the Six hours
committed sexual community shopping period
crimes/crimes corrections office per day (Saturday
against children at least once a and Sunday)
and the aged month
Compulsory
attendance of
programmes/
community
service
Phase IV No previous Be physically Working hours
record of violent visited at home at
crime least once a
month
Has not Be visited at work Three free hours
previously at least once per week
violated parole every second (Monday –
conditions month Friday)
Has not Visit the Eight hours
committed sexual community shopping period
crimes/crimes corrections office per day (Saturday
against children at least once and Sunday)
and the aged every second
month
Does not pose an Compulsory
actual threat to attendance of
society programmes/
community
service

Phase V Complied with all Be physically Working hours

the conditions of visited at home at
parole least once every
supervision second month
 House arrest Be visited at least Four free hours
and/or once every per week
community second month (Monday –
service Friday)
suspended
Exit phase Visit the Eight hours’
community shopping period
corrections office per day (Saturday
at least once – Sunday)
every second
month
Compulsory
attendance of
programmes/
community
service

A new sentencing framework: minimum sentences

 Minimum sentencing was introduced into law by the Criminal Law
Amendment Act 105 of 1997.
 The Act applied to offences committed after the date on which it came
into operation, namely 1 May 1998.
 Motives for the introduction of this legislation:
 Reduce serious & violent crime in SA
 Government show its concern with high crime rates
 Perception that sentences are not severe enough
 Need to be tough on crime.
IF NO SUBSTANTIAL AND COMPELLING CIRCUMSTANCES = MINIMUM
SENTENCE
 Minimum sentencing was introduced in 1997 by the Criminal Law
Amendment Act 105 of 1997. This Act applies to offences committed
after its operation date, namely 1 May 1998.
 Part 1
 Murder, where:
 It is planned or premeditated;
 The victim was a law enforcement official or state witness;
 The death of the victim was caused in the course of rape or robbery with
aggravating circumstances; or
 The offence was committed by the person or group of persons or
syndicate acting in furtherance of a common purpose or conspiracy.
 1st- 3rd offence = life imprisonment.
 Rape, where it is committed:
 In circumstances where the victim was raped more than once, whether
by the accused or by any co-perpetrator or accomplice;
 By more than one person, where such a person acted in the execution or
furtherance of a common purpose or conspiracy;
 By a person who has been convicted of two or more offences or rape but
has not yet been sentenced in respect of such convictions; or
 By a person, knowing that he has HIV/AIDS.
 Second, rape where it is perpetrated upon:
 a person under the age of 16;
 a physically disabled person who, due to the disability, is rendered
particularly vulnerable; or
 a mentally ill person.
 The third instance is when a person is convicted of a sexual assault
inflicting grievous bodily harm on the victim.
1st – 3rd offence = life imprisonment