, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
Question 1
1.1. Discuss the appeal on the grounds of special entry of irregularity or illegality.
An appeal on the grounds of special entry is provided for in the Criminal Procedure Act. It applies
when a sentenced offender believes that any proceedings during his or her High Court trial were
irregular or unlawful. In such cases, the offender may apply for a special note to be made in the court
record, indicating the irregularity or illegality.
The application can be made during the trial, or within 14 days after conviction, or even later if the
court permits for good cause. The request is submitted to the registrar of the court for referral to the
presiding judge, or if unavailable, to another judge from the same division. If refused, the offender
may petition the Chief Justice, and the procedure will follow the same process as petitioning for
leave to appeal (PEN2606, Study Guide. p48).
This mechanism ensures that offenders have legal recourse if they feel their trial was unfair due to
procedural irregularities or breaches of law. It safeguards the principle of fair trial rights within the
correctional and judicial system.
1.2. Outline the assessment of offenders in terms of their needs (rehabilitation) and the risk they
pose.
Assessment of offenders plays a crucial role in balancing rehabilitation needs with the security risks
they may present. According to the study guide, offender assessment addresses two main areas:
Risk factors – evaluation of the custody risk and the level of security required for the
offender’s safe detention. Offenders are classified into categories such as maximum, medium,
or minimum security based on factors like escape risk, criminal history, and behaviour
(PEN2606, Study Guide. p205)
Rehabilitation needs – assessment considers personal and social needs of the offender, such as
education, vocational training, psychological treatment, and reintegration support. The case
management committee uses this information to draft a sentence plan within 21 days of
incarceration. This plan outlines security classification, privilege groups, work allocation,
programme participation, and reintegration strategies (PEN2606, Study Guide. p205–209)
Procedural elements – offenders serving more than two years are always assessed, while those
with shorter sentences may be assessed only if required by the parole board. Assessments draw
on information such as previous convictions, expert reports, background data, and offender
behaviour (PEN2606, Study Guide. p207–208)
The ultimate aim is to ensure that offenders are placed in suitable environments that both minimise
risks and promote rehabilitation, thus preparing them for successful reintegration into society.
Question 1
1.1. Discuss the appeal on the grounds of special entry of irregularity or illegality.
An appeal on the grounds of special entry is provided for in the Criminal Procedure Act. It applies
when a sentenced offender believes that any proceedings during his or her High Court trial were
irregular or unlawful. In such cases, the offender may apply for a special note to be made in the court
record, indicating the irregularity or illegality.
The application can be made during the trial, or within 14 days after conviction, or even later if the
court permits for good cause. The request is submitted to the registrar of the court for referral to the
presiding judge, or if unavailable, to another judge from the same division. If refused, the offender
may petition the Chief Justice, and the procedure will follow the same process as petitioning for
leave to appeal (PEN2606, Study Guide. p48).
This mechanism ensures that offenders have legal recourse if they feel their trial was unfair due to
procedural irregularities or breaches of law. It safeguards the principle of fair trial rights within the
correctional and judicial system.
1.2. Outline the assessment of offenders in terms of their needs (rehabilitation) and the risk they
pose.
Assessment of offenders plays a crucial role in balancing rehabilitation needs with the security risks
they may present. According to the study guide, offender assessment addresses two main areas:
Risk factors – evaluation of the custody risk and the level of security required for the
offender’s safe detention. Offenders are classified into categories such as maximum, medium,
or minimum security based on factors like escape risk, criminal history, and behaviour
(PEN2606, Study Guide. p205)
Rehabilitation needs – assessment considers personal and social needs of the offender, such as
education, vocational training, psychological treatment, and reintegration support. The case
management committee uses this information to draft a sentence plan within 21 days of
incarceration. This plan outlines security classification, privilege groups, work allocation,
programme participation, and reintegration strategies (PEN2606, Study Guide. p205–209)
Procedural elements – offenders serving more than two years are always assessed, while those
with shorter sentences may be assessed only if required by the parole board. Assessments draw
on information such as previous convictions, expert reports, background data, and offender
behaviour (PEN2606, Study Guide. p207–208)
The ultimate aim is to ensure that offenders are placed in suitable environments that both minimise
risks and promote rehabilitation, thus preparing them for successful reintegration into society.
