play a role in delaying cases could be effectively managed. A further study is required with focus on the remand detainees with co-accused whose cases take longer than three years. Another area that requires attention is the front end of the Criminal Justice System with focus on the RDs that spend up to three months in detention. Children Remand Detainees: With the introduction of the Child Justice Act (Act 75 of 2008), the number of RD children reduced from 504 in March 2010 to an annual average of 99 in 2015/16. The lowest average number of children was recorded in August 2016 (72). The overall reduction of children RDs from 2010 to August 2016 was 85.7%. It is crucial to understand that the key drivers of the population of the remand detainees are beyond the control of the detention institutions. These drivers, according to international literature, are the use of pre-trial detention and the increasing trend in serious crimes. The increase in serious crimes is closely related to an increase in the use of pre-trial detention by courts without the option of bail. The number of admissions and the length of stay are regarded as other drivers which are beyond the control of institutions responsible for the detention of RDs. Factors found to be linked to the increase in the length of stay of remand detainees are as follows, The presence of multiple co-accused in one case or accused linked to other crimes that are under investigation; Withdrawal, rehiring of legal representatives and changing of legal representatives by the accused; Failure of the co-accused and or their legal representative to appear in court on set dates thus leading to remanding of the cases for several times; Request for the separation of trials by the accused in the middle of the cases; Brings of bail applications by the accused in the middle of the trail through the bail application was attended to at the beginning of the case; Delays in securing a date at the high court for the cases that are escalated by lower courts to high courts;
play a role in delaying cases could be effectively managed. A further study is required with focus on the remand detainees with co-accused whose cases take longer than three years. Another area that requires attention is the front end of the Criminal Justice System with focus on the RDs that spend up to three months in detention. Children Remand Detainees: With the introduction of the Child Justice Act (Act 75 of 2008), the number of RD children reduced from 504 in March 2010 to an annual average of 99 in 2015/16. The lowest average number of children was recorded in August 2016 (72). The overall reduction of children RDs from 2010 to August 2016 was 85.7%. It is crucial to understand that the key drivers of the population of the remand detainees are beyond the control of the detention institutions. These drivers, according to international literature, are the use of pre-trial detention and the increasing trend in serious crimes. The increase in serious crimes is closely related to an increase in the use of pre-trial detention by courts without the option of bail. The number of admissions and the length of stay are regarded as other drivers which are beyond the control of institutions responsible for the detention of RDs. Factors found to be linked to the increase in the length of stay of remand detainees are as follows, The presence of multiple co-accused in one case or accused linked to other crimes that are under investigation; Withdrawal, rehiring of legal representatives and changing of legal representatives by the accused; Failure of the co-accused and or their legal representative to appear in court on set dates thus leading to remanding of the cases for several times; Request for the separation of trials by the accused in the middle of the cases; Brings of bail applications by the accused in the middle of the trail through the bail application was attended to at the beginning of the case; Delays in securing a date at the high court for the cases that are escalated by lower courts to high courts;
RNW2559-161202.docx