Chapter 6: Proposed revisions of the criminal procedure Act, 1977 (Act No. 51 of 1977)

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dc.contributor.authorKaliski, Sean
dc.contributor.editorKaliski, Sean
dc.date.accessioned2026-02-09T13:05:48Z
dc.date.available2026-02-09T13:05:48Z
dc.date.issued2025-05-26
dc.description.abstractThis consensus document outlines proposed amendments to Sections 77, 78, and 79 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), aimed at improving forensic mental health processes in South Africa. The revisions seek to address systemic bottlenecks causing delays in mental health observations, reduce prolonged pre-trial detention, and uphold the human rights of accused persons with mental illness or intellectual disability. Key proposals include: introducing diversion programs for non-violent offenders to general psychiatric facilities; standardizing preliminary mental health screening; clarifying panel composition for forensic evaluations; and expanding judicial options for temporary treatment, outpatient care, and conditional discharge. The document also recommends periodic reviews of state patient certification, alignment with the Mental Health Care Act, 2002, and the establishment of specialized mental health courts. Additional considerations include improving SAPS transport obligations, revising judicial forms, and exploring the inclusion of traditional health practitioners in forensic panels. These reforms aim to enhance efficiency, fairness, and recovery-oriented care within the criminal justice and mental health systems.
dc.identifier.apacitationKaliski, S. (2025). Chapter 6: Proposed revisions of the criminal procedure Act, 1977 (Act No. 51 of 1977). In S. Kaliski. (Ed.), <i>Forensic Mental Health: From Assesssment to Recovery</i> (pp.16). Cape Town, South Africa: Edutech. http://hdl.handle.net/11427/42819en_ZA
dc.identifier.chicagocitationKaliski, Sean. "Chapter 6: Proposed revisions of the criminal procedure Act, 1977 (Act No. 51 of 1977)" In <i>FORENSIC MENTAL HEALTH: FROM ASSESSSMENT TO RECOVERY</i>, edited by Sean Kaliski., 16. Cape Town, South Africa: Edutech. 2025. http://hdl.handle.net/11427/42819.en_ZA
dc.identifier.citationKaliski, S. 2025. Chapter 6: Proposed revisions of the criminal procedure Act, 1977 (Act No. 51 of 1977). In <i>Forensic Mental Health: From Assesssment to Recovery</i>. S. Kaliski, Ed.Cape Town, South Africa: Edutech. 16. http://hdl.handle.net/11427/42819 .en_ZA
dc.identifier.ris TY - Chapter in Book AU - Kaliski, Sean AB - This consensus document outlines proposed amendments to Sections 77, 78, and 79 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), aimed at improving forensic mental health processes in South Africa. The revisions seek to address systemic bottlenecks causing delays in mental health observations, reduce prolonged pre-trial detention, and uphold the human rights of accused persons with mental illness or intellectual disability. Key proposals include: introducing diversion programs for non-violent offenders to general psychiatric facilities; standardizing preliminary mental health screening; clarifying panel composition for forensic evaluations; and expanding judicial options for temporary treatment, outpatient care, and conditional discharge. The document also recommends periodic reviews of state patient certification, alignment with the Mental Health Care Act, 2002, and the establishment of specialized mental health courts. Additional considerations include improving SAPS transport obligations, revising judicial forms, and exploring the inclusion of traditional health practitioners in forensic panels. These reforms aim to enhance efficiency, fairness, and recovery-oriented care within the criminal justice and mental health systems. CY - Cape Town, South Africa DA - 2025-05-26 DB - OpenUCT DP - University of Cape Town ED - Kaliski, Sean J1 - Forensic Mental Health: From Assesssment to Recovery KW - Admission, Charged in Court, Involved in Serious Violence, Traditional Health Practitioners, Screening Tool LK - https://open.uct.ac.za PP - Cape Town, South Africa PY - 2025 T1 - Chapter 6: Proposed revisions of the criminal procedure Act, 1977 (Act No. 51 of 1977) TI - Chapter 6: Proposed revisions of the criminal procedure Act, 1977 (Act No. 51 of 1977) UR - http://hdl.handle.net/11427/42819 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/42819
dc.identifier.vancouvercitationKaliski S. Chapter 6: Proposed revisions of the criminal procedure Act, 1977 (Act No. 51 of 1977). In Kaliski S, editor.. Forensic Mental Health: From Assesssment to Recovery. Cape Town, South Africa: Edutech; 2025. p.16. [cited yyyy month dd]. http://hdl.handle.net/11427/42819.en_ZA
dc.language.isoen
dc.publisherEdutech
dc.publisher.departmentDepartment of Psychiatry and Mental Health
dc.publisher.facultyFaculty of Health Sciences
dc.publisher.locationCape Town, South Africa
dc.rights.urihttp://creativecommons.org/licenses/by-nc-nd/4.0/
dc.sourceForensic Mental Health: From Assesssment to Recovery
dc.source.pagination16
dc.subjectAdmission, Charged in Court, Involved in Serious Violence, Traditional Health Practitioners, Screening Tool
dc.titleChapter 6: Proposed revisions of the criminal procedure Act, 1977 (Act No. 51 of 1977)
dc.typeChapter in Book
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