Browsing Research Articles (Faculty of Law) by Subject "Sentencing"
Now showing items 1-7 of 7
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Assessing the impact: Mandatory and minimum sentences in South Africa
(Institute for Security Studies (ISS), 2005)The legislation passed in 1997 that provides for mandatory minimum sentences for serious crimes was recently extended for another two years. At the time, the aim was to reduce serious and violent crime, achieve consistency ... -
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 ... -
Is the Act working for children? The first year implementation of the Child Justice Act
(Institute for Security Studies, 2011)The Child Justice Act 75 of 2008 mandates the Minister of Justice and Constitutional Development to report annually on the implementation of the Child Justice Act to the Parliamentary Portfolio Committee on Justice and ... -
Life imprisonment in South Africa: yesterday, today, and tomorrow
(Juta Law, 2009)Life imprisonment has been part of South Africa's penal regime for decades. This article analyses how this form of punishment has changed in meaning in since 1906. The author looks at life imprisonment during the death ... -
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 ... -
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 ... -
Unsustainable and unjust: Criminal justice policy and remand detention since 1994
(Institute for Security Studies (ISS), 2014)The 'tough on crime' approach embodied in bail and sentencing law has had a profound impact on the trends around remand detention, including prison overcrowding of such an extent that it is estimated to have contributed ...