Chapter 6: Proposed revisions of the criminal procedure Act, 1977 (Act No. 51 of 1977)
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2023
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Forensic Mental Health: From Assessment to Recovery
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Edutech
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Abstract
This legislative proposal document, compiled by a specialized Department of Health Task Team led by Prof S. Kaliski, outlines strategic amendments to Sections 77, 78, and 79 of the Criminal Procedure Act (CPA), 1977, alongside a concurrent review of Chapter 6 of the Mental Health Care Act, 2002. The primary objective of these interventions is to resolve critical systemic bottlenecks contributing to prolonged backlogs in forensic mental health observations, while aggressively safeguarding the fundamental human rights of accused individuals referred by the courts. Currently, mentally ill individuals charged with non-violent or petty offenses face inhumane wait times of up to a year in remand prisons before undergoing a mandatory 30-day psychiatric evaluation. This delay significantly disrupts early treatment interventions and complicates clinical recovery.
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Kaliski, S., Sokudela, F., Calitz, F., Pillay, A., Mulutsi, E., Motaung, M., Moabelo, K. & Mbedzi, B. et al. 2023. Chapter 6: Proposed revisions of the criminal procedure Act, 1977 (Act No. 51 of 1977). In Forensic Mental Health: From Assessment to Recovery. S. Kaliski, Ed.Cape Town, South Africa: Edutech. 16. http://hdl.handle.net/11427/43300 .