Where is pollsmoor prison

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The Department also provided the information, which is set out in the table below, on the number of successful conversions to correctional supervision in terms of sections 62 f , 71 and 72 of the Criminal Procedure Act 51 of from 1 March — 30 September Section 62 f of the Criminal Procedure Act 51 of empowers the court to release an accused on bail under the supervision of a probation officer or a correctional official.

Section 71 of the Criminal Procedure Act provides that awaiting-trial juveniles may be placed in a place of safety or under supervision, instead of release on bail or detention in custody, while section 72 refers to release of an accused on warning. Issues Arising Applications in terms of section 62 f of the Criminal Procedure Act In response to queries about the granting of applications to place an accused under the supervision of a correctional or probation officer in terms of section 62 f of the Criminal Procedure Act of , representatives from the Magistracy expressed doubt that the Department of Correctional Services has sufficient capacity to monitor those released in terms of this section.

It was said that magistrates are unable to simply releasepersons awaiting-trial without the assurance that there are arrangements in place to ensure that they will return to court. Their parents do not always want them at home for reasons that include being unable to guarantee that they will be able to bring their children to court on the appointed dates.

There are also not enough places of safety and secure care facilities. Conditions of Bail Pollsmoor officials explained that there were many awaiting-trial prisoners who could not afford bail, even if it was below R, as shown in the Table in paragraph 3.

However, they could not provide the Committees with a breakdown of the bail amounts under R, nor could they tell the Committees precise details of the alleged crimes committed.

It emerged that the factors involved in granting bail are complex: bail is intended to ensure that an accused returns to court on the appointed date, and is meant to take into account the issue of whether the accused can afford bail.

Where the bail amount is small, it does not necessarily mean that the offence is not serious. Magistrates also take into account the seriousness of the offence, the strength of the case against the accused and the personal circumstances of the accused. The number of previous convictions is also taken into account. Amendments to the Criminal Procedure Act were designed to make it more difficult to get bail. Schedules 5 and 6 to the Act state that bail may not be granted for the offences listed in these Schedules, unless there are exceptional circumstances.

Lack of information on the committal warrant Awaiting-trial prisoners are not assessed when first brought to Pollsmoor. The committal warrants that accompany awaiting-trial prisoners do not provide sufficient details of the crime for which the accused is being detained.

Typically, the committal warrant will simply state in broad terms the crime for which the accused is being held. The lack of information means that awaiting-trial prisoners can spend unnecessary time in prison. Prison officials need access to the court file in order to properly understand why an awaiting-trial prisoners is being held.

Legal facilities available to awaiting trial detainees Correctional Services officials said that there are facilities available to awaiting-trial prisoners to meet with their legal representatives.

Officials from the Department of Justice have also visited to explain plea bargaining. However, through further engagement with the officials, MPs established that the Legal Aid Board does not always visit the facility and that consultations between attorneys and their clients tend to take place at court. The representative from the Office of the Inspecting Judge was of the view that if the Legal Aid Board visited the facility more regularly there would be far more applications for reduction of bail.

The Legal Aid Board, however, has a shortage of available practitioners, which impacts on its ability to conduct prison visits. It was also alleged that awaiting-trial prisoners, who are children or juveniles, are often not given a chance to contact their parents when first arriving at Pollsmoor.

The Committees heard that there are inter-sectoral structures in place to streamline or facilitate the processing of awaiting-trial prisoners. These structures meet monthly. The Committees heard that awaiting-trial prisoners are considered to be a priority for magistrates, and that magistrates are well versed on issues such as juveniles in custody and the granting of bail of relatively small amounts. Visits from Magistrates While magistrates used to visit offenders in prisons, this is no longer common practice.

With the creation of the Office of the Inspecting Judge, magistrates no longer feel that this is part of their function, and only visit when invited. Caseload Backlogs Although there are systems in place, the enormous in-flow of cases creates backlogs. The Committees were informed that the Department of Justice has once again, from September, instituted backlog courts to reduce this problem. Interventions to reduce the number of Children Awaiting Trial at Pollsmoor There are interventions to reduce the number of awaiting-trial children in Pollsmoor.

Every month a list of names is provided to courts and to the case flow meetings. Nelson Mandela was the most famous inmate of the prison. He describes Pollsmoor Prison as "the truth of Oscar Wilde's haunting line about the tent of blue that prisoners call the sky. Pollsmoor is a maximum security prison with little means in the way of escape. Some of South Africa's most dangerous criminals and roughest gangsters are held in Pollsmoor Prison. The prison has a staff of 1, and the capacity to accommodate 4, offenders, but the current inmate population is over 7, a figure which fluctuates daily.

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