Assignment 2 Semester 2 2025
2 2025
Unique Number:
Due date: 11 September 2025
QUESTION 1
1.1.
In criminal law, a convicted person can contest trial processes they think were improper or
illegal. The Criminal Procedure Act permits a convicted individual to request a special entry
in the court record if they believe their trial had a mistake or illegality. This special entry
serves as an official note that points out the specific irregularity. The individual can submit
this request during the trial or within fourteen days after the conviction, although the court
may extend this period for valid reasons (PEN2606 study guide, 2019).
The request must be sent to the registrar of the High Court, who will pass it on to the judge
who oversaw the case. If that judge is not available, or if the case was heard by a circuit
court that is no longer active, another judge from the same provincial or local division can
review the request. If the judge denies the request, the convicted person can ask the Chief
Justice to step in. This process is similar to what happens when a convicted person appeals
to the Appeal Court after being denied permission to appeal (PEN2606 study guide, 2019).
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QUESTION 1
1.1.
In criminal law, a convicted person can contest trial processes they think were
improper or illegal. The Criminal Procedure Act permits a convicted individual to
request a special entry in the court record if they believe their trial had a mistake or
illegality. This special entry serves as an official note that points out the specific
irregularity. The individual can submit this request during the trial or within fourteen
days after the conviction, although the court may extend this period for valid reasons
(PEN2606 study guide, 2019).
The request must be sent to the registrar of the High Court, who will pass it on to the
judge who oversaw the case. If that judge is not available, or if the case was heard
by a circuit court that is no longer active, another judge from the same provincial or
local division can review the request. If the judge denies the request, the convicted
person can ask the Chief Justice to step in. This process is similar to what happens
when a convicted person appeals to the Appeal Court after being denied permission
to appeal (PEN2606 study guide, 2019).
The aim of a special entry is to make sure there is a record of any significant
mistakes that could have impacted the trials fairness. It gives convicted individuals a
formal way to bring up issues that might not have been covered during the trial. This
upholds the constitutional right to a fair trial and ensures accountability in the criminal
justice system. Thus, it is a crucial protection for the rule of law and justice in South
Africa (PEN2606 study guide, 2019).
1.2
Evaluating offenders is a crucial aspect of the correctional system as it aligns the
rehabilitation needs of offenders with the potential security risks they pose. The
assessment serves two main purposes: firstly, to identify the risks linked to the
offenders custody, and secondly, to establish the necessary security level and
programs for safe and effective rehabilitation (PEN2606 study guide, 2019).