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Evidence obtained through violating the right to freedom from torture and other cruel, inhuman or degrading treatment in South Africa
(Pretoria University Law Press (PULP), 2015)
Although South African courts have expressly held that any evidence obtained through torture is always inadmissible, the author is unaware of a decision from a South African court to the effect that evidence obtained through ...
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 ...
Court support workers speak out: Upholding children's rights in the criminal justice system
(Institute for Security Studies (ISS), 2014)
The prevalence of sexual offences against children in South Africa continues to be among the highest in the
world. The quality and accuracy of a child's testimony is often pivotal to whether cases are prosecuted, and
whether ...
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 ...
Section 54: Obligation to report commission of sexual offences against children or persons who are mentally disabled
(Juta Law, 2011)
INTRODUCTION: The duty to report the knowledge of the commission of sexual offences against certain vulnerable victims is newly provided for in this section of the Criminal Law (sexual Offences and Related Matters) Amendment ...
Surrogacy, South African style
(International Bar Association Legal Practice Division, 2013)
This article reviews the Act’s provisions concerning surrogacy and raises some questions for consideration.