PEN2606 Admission AND Release Mechanism
PEN2606
Assignment 2
Question 1
1.1 there are many produces put in place for the transfer of inmates that need to be followed
such as, 1.1.1 Medical examination
The offender must be provided the opportunity to see a medical doctor in order to get
examined, before transfer to another correctional centre can take place. If the medical doctor
finds the offender unfit for transfer, they will not be transferred. Physically and mentally
equipped offenders will be transferred when they are considered necessary to other
correctional centres for labour purposes. The offender’s medical file and G335 medical history
card/file must go along with him/her on being transferred.
1.1.2
Private possessions and documents
All documents relating to the offender, money and other personal possessions, must come with
the offender on transfer. Heads of correctional centres are obligated to confirm that documents
are accurate, and the offender has the right possessions. The official in charge of the escort
must verify that she/he has received all documents and that the private property of the
offender has been verified as correct. The officer responsible for the escort must make sure that
they have received all the right documents and personal possessions belonging to the inmate.
1.1.3
Notification of transfer
Heads of the correctional centres from where inmates are currently, are required to inform the
heads of the correctional centres to which the inmates are being transferred, ample notice of
the time and date of departure and the expected arrival of the escort.
1.2
1.2.1 Sentences subject to revision
When a sentence of incarceration of 3 months or more is issued by a magistrate who has not yet
occupied the substantive post level of magistrate or higher for seven years. When a sentence of
more than six months’ incarceration is obligatory by a magistrate who has by now occupied the
substantive post level of magistrate or higher for seven years or longer. If a fine of more than R2
500 is imposed by a magistrate who has not yet occupied the substantive post level of
magistrate or higher for seven years. When a fine of more than R5000 is imposed by a
magistrate who has already occupied the substantive post level of magistrate or higher for
seven years or longer.
1.2.2 APPLICATION OF SECTION 302 OF THE CRIMINAL PROCEDURE ACT
Every sentence on a separate charge is seen as a separate sentence. The aggregate of sentences
given to an accused in respect of more than one charge in the same proceedings surpasses the
amounts, does not make those sentences subject to review in the ordinary course of the Act. A
sentence which has been suspended, or a sentence which has been
, suspended altogether, is not taken into consideration, given that when such a sentence or part
of a sentence becomes operational, the requirements of section 302 come into effect in respect
of the relevant sentence.
1.2.3 Sentences not subject to revision
The following sentences are not subject to review: A sentence imposed by a division of the High
Court or regional court, when it is specified on the warrant by the clerk of the court that the
sentence is not subject to review, when an appeal is given against a conviction and/or sentence
in a case which is subject to review, and the appeal has not been dropped.
1.2.4 Warrant confirmation
When a sentence has been confirmed on review, the decision of the review court is taken to the
head of the correctional centre by a warrant of confirmation, numbered J4. When an appeal has
been rejected, the decision of the court is taken to the head of the correctional centre by a
minute, and this notice serves the objective of a warrant of confirmation. The confirmation
document needs to be stapled to the warrant of committal. If the sentence has been amended
or set aside, the trial court will issue an amended warrant or a warrant of release. Should this
not be received, it must be requested without delay.
Question 2
2.1
2.1.1 Mentally ill offenders
When a mentally ill inmate who is being incarcerated in an institution has recovered to
such a degree that incarceration is no longer necessary, the inmate must be received into a
correctional centre to continue serving their sentence that was interrupted by their transfer to
the institution. The head of the correctional centre should, on the admission of such inmate,
make sure that two correctional medical practitioners have verified that the inmate has
recovered to such a degree that incarceration in an institution is no longer necessary. If such a
certificate is not available on admission, the inmate may not be received into a correctional
centre.
2.1.2 Remand detainees
Besides admission from the court, inmates are received from the SAPS on the following basis: If
there are no police cells, inmates are received into the correctional centre at any time, where
there are police cells, inmates must be received into the correctional centre only during normal
office hours. This also applies to drunk and disorderly wrongdoers who are arrested by the
police during the night, if police cells are overcrowded during the night, the excess of arrested
persons must be received by the correctional centre.
2.1.3 into a correctional centre other than the district correctional centre
Regional commissioners, composed of the related divisional commissioners of the SAPS, should
negotiate admissions of this nature.
PEN2606
Assignment 2
Question 1
1.1 there are many produces put in place for the transfer of inmates that need to be followed
such as, 1.1.1 Medical examination
The offender must be provided the opportunity to see a medical doctor in order to get
examined, before transfer to another correctional centre can take place. If the medical doctor
finds the offender unfit for transfer, they will not be transferred. Physically and mentally
equipped offenders will be transferred when they are considered necessary to other
correctional centres for labour purposes. The offender’s medical file and G335 medical history
card/file must go along with him/her on being transferred.
1.1.2
Private possessions and documents
All documents relating to the offender, money and other personal possessions, must come with
the offender on transfer. Heads of correctional centres are obligated to confirm that documents
are accurate, and the offender has the right possessions. The official in charge of the escort
must verify that she/he has received all documents and that the private property of the
offender has been verified as correct. The officer responsible for the escort must make sure that
they have received all the right documents and personal possessions belonging to the inmate.
1.1.3
Notification of transfer
Heads of the correctional centres from where inmates are currently, are required to inform the
heads of the correctional centres to which the inmates are being transferred, ample notice of
the time and date of departure and the expected arrival of the escort.
1.2
1.2.1 Sentences subject to revision
When a sentence of incarceration of 3 months or more is issued by a magistrate who has not yet
occupied the substantive post level of magistrate or higher for seven years. When a sentence of
more than six months’ incarceration is obligatory by a magistrate who has by now occupied the
substantive post level of magistrate or higher for seven years or longer. If a fine of more than R2
500 is imposed by a magistrate who has not yet occupied the substantive post level of
magistrate or higher for seven years. When a fine of more than R5000 is imposed by a
magistrate who has already occupied the substantive post level of magistrate or higher for
seven years or longer.
1.2.2 APPLICATION OF SECTION 302 OF THE CRIMINAL PROCEDURE ACT
Every sentence on a separate charge is seen as a separate sentence. The aggregate of sentences
given to an accused in respect of more than one charge in the same proceedings surpasses the
amounts, does not make those sentences subject to review in the ordinary course of the Act. A
sentence which has been suspended, or a sentence which has been
, suspended altogether, is not taken into consideration, given that when such a sentence or part
of a sentence becomes operational, the requirements of section 302 come into effect in respect
of the relevant sentence.
1.2.3 Sentences not subject to revision
The following sentences are not subject to review: A sentence imposed by a division of the High
Court or regional court, when it is specified on the warrant by the clerk of the court that the
sentence is not subject to review, when an appeal is given against a conviction and/or sentence
in a case which is subject to review, and the appeal has not been dropped.
1.2.4 Warrant confirmation
When a sentence has been confirmed on review, the decision of the review court is taken to the
head of the correctional centre by a warrant of confirmation, numbered J4. When an appeal has
been rejected, the decision of the court is taken to the head of the correctional centre by a
minute, and this notice serves the objective of a warrant of confirmation. The confirmation
document needs to be stapled to the warrant of committal. If the sentence has been amended
or set aside, the trial court will issue an amended warrant or a warrant of release. Should this
not be received, it must be requested without delay.
Question 2
2.1
2.1.1 Mentally ill offenders
When a mentally ill inmate who is being incarcerated in an institution has recovered to
such a degree that incarceration is no longer necessary, the inmate must be received into a
correctional centre to continue serving their sentence that was interrupted by their transfer to
the institution. The head of the correctional centre should, on the admission of such inmate,
make sure that two correctional medical practitioners have verified that the inmate has
recovered to such a degree that incarceration in an institution is no longer necessary. If such a
certificate is not available on admission, the inmate may not be received into a correctional
centre.
2.1.2 Remand detainees
Besides admission from the court, inmates are received from the SAPS on the following basis: If
there are no police cells, inmates are received into the correctional centre at any time, where
there are police cells, inmates must be received into the correctional centre only during normal
office hours. This also applies to drunk and disorderly wrongdoers who are arrested by the
police during the night, if police cells are overcrowded during the night, the excess of arrested
persons must be received by the correctional centre.
2.1.3 into a correctional centre other than the district correctional centre
Regional commissioners, composed of the related divisional commissioners of the SAPS, should
negotiate admissions of this nature.
