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Now showing items 21-30 of 33
Spent convictions in Mauritius: Analysing the Police and Criminal Evidence Bill, 2013
(Juta Law, 2015)
For many years courts in Mauritius have considered a conviction that was
at least 10 years old to be spent for the purpose of sentencing. However, in
2002 the Mauritian Supreme Court held that there was no concept of ...
Sentencing primary caregivers of young children
(Juta Law, 2011)
Traditionally a judicial officer was not required to consider the effects
of the imposed sentence on the children of the offender, even if the
offender was a primary caregiver of young children. The Court in S v M
(Centre ...
Diversion in the South African criminal justice system: emerging jurisprudence
(Juta Law, 2015)
On 1 April 2010 the South African Child Justice Act (CJA or the Act) commenced. The long title of the Act states, inter alia, that the purpose of the Act is 'to establish a criminal justice system for children, who are in ...
Bank secrecy: Implementing the relevant provisions of the United Nations Convention against corruption in South Africa
(University of the Western Cape, 2016)
For many decades South African law has recognised a bank's duty to keep its
client's information confidential. This is popularly known as bank secrecy.
However, this duty is not absolute. National and international law ...
Punishment in the eyes of the Constitutional Court of South Africa: the relationship between punishment and the rights of an offender in the sentencing of primary caregivers of children
(Juta Law, 2011)
Punishment has mostly focused on achieving its objectives without considering
the impact a sentence will have on the rights of the offender
and those under the offender's care. Drawing on the jurisprudence of the
Constitutional ...
The conditional early release of offenders transferred from the Special Court for Sierra Leone to serve their sentences in designated states: some observations and recommendations
(Juta Law, 2014)
The Special Court for Sierra Leone (SCSL) (now the Residual Special Court for Sierra Leone) convicted various offenders of crimes, such as war crimes and crimes against humanity. These convicted offenders were sentenced ...
Law and justice at the dawn of the 21st century: Essays in honour of Lovell Derek Fernandez
(University of the Western Cape, 2016)
Essays in honour of Lovell Derek Fernandez, Lawyer, Linguist, Mensch
The rule of law: Approaches of the African Commission on Human and Peoples' Rights and selected African states
(Pretoria University Law Press (PULP), 2012)
The African Commission on Human and Peoples' Rights is empowered to promote and protect human rights in Africa. Although the African Charter on Human and Peoples' Rights does not expressly use the phrase 'rule of law', the ...
Strengthening democracy through investigating, prosecuting and punishing corruption in Mauritius
(The Human Rights and Peace Center (HURIPEC), 2015)
There is a close relationship between democracy and corruption. Corruption
has a negative effect on the functioning of political and democratic
institutions. It affects the delivery of services such as education ...
Pashukanis on crime and punishment
(University of Pretoria, 2013)
Evgeny Pashukanis deservedly is famous as the author of the so-called
commodity form theory of law. In his Law and Marxism he postulated
that the form of legal relations held the key to the Marxist critique of law
and ...