Assignment 2 Semester 2 2025
Unique Number:
Due Date: 18 September 2025
QUESTION 1
1.1. Appeal on the Grounds of Special Entry of Irregularity or Illegality
The Criminal Procedure Act provides a legal mechanism for sentenced offenders who
believe that irregularities or unlawful practices occurred during their trial. This process is
called an appeal on the grounds of special entry. The law recognises that even when a
conviction has been secured, the fairness and legality of the trial proceedings must be
protected.
If a sentenced offender feels that any aspect of the trial in the High Court was irregular or in
conflict with the law, they may apply for a special note to be made on the record. This
application must be done during the trial itself or within 14 days after conviction. In certain
cases, the court may allow a longer period if the offender can show good cause for the
delay. The note must clearly indicate the respect in which the trial proceedings were
irregular or unlawful.
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QUESTION 1
1.1. Appeal on the Grounds of Special Entry of Irregularity or Illegality
The Criminal Procedure Act provides a legal mechanism for sentenced offenders
who believe that irregularities or unlawful practices occurred during their trial. This
process is called an appeal on the grounds of special entry. The law recognises that
even when a conviction has been secured, the fairness and legality of the trial
proceedings must be protected.
If a sentenced offender feels that any aspect of the trial in the High Court was
irregular or in conflict with the law, they may apply for a special note to be made on
the record. This application must be done during the trial itself or within 14 days after
conviction. In certain cases, the court may allow a longer period if the offender can
show good cause for the delay. The note must clearly indicate the respect in which
the trial proceedings were irregular or unlawful.
The application is addressed to the registrar of the court, who then forwards it to the
judge who presided over the trial. If that judge is not available, or if the conviction
took place in a circuit court not currently in session, another judge from the same
provincial or local division may consider the application.
If the presiding judge refuses the application, the offender has the right to petition the
Chief Justice. The procedure for petitioning the Chief Justice is similar to that used
when an offender applies to the Appeal Court after being denied leave to appeal.
This system ensures that offenders are not left without remedies where trial
proceedings are flawed. It protects the principle of fair trial and legality, making sure
that justice is not only done but also seen to be done.
1.2. Assessment of Offenders in Terms of Their Needs and the Risk They Pose
The assessment of offenders is a critical process in correctional services because it
balances two key considerations: the rehabilitation needs of offenders and the risks
Disclaimer
Great care has been taken in the preparation of this document; however, the contents are provided "as is"
without any express or implied representations or warranties. The author accepts no responsibility or
liability for any actions taken based on the information contained within this document. This document is
intended solely for comparison, research, and reference purposes. Reproduction, resale, or transmission
of any part of this document, in any form or by any means, is strictly prohibited.