Video technology should be used to eliminate the need for awaiting-trial prisoners to be physically present in court merely to have their cases postponed, the SA Law Reform Commission proposed on Tuesday.
Such use of audio-visual links between courts and prisons should also be extended to bail applications, applications for leave to appeal, and the hearing of appeals.
The commission presented a report to Justice Minister Penuell Maduna on Tuesday, containing recommendations and a proposed draft Bill on the topic.
The report was the result of requests to tackle rising transport costs and logistical problems arising from having to transport awaiting-trial prisoners to and from court.
Maduna said the proposals should also help address the problem of prison escapes.
In a statement, the commission said it had come to the conclusion during its investigation that the recommended practice would not be unconstitutional.
”The commission was, however, sympathetic to the view that since the procedure would introduce an innovation, it ought to be implemented incrementally.”
It would remain in the discretion of the presiding officer to order an accused person’s physical presence in court.
The proposals did not apply to police cells or offenders younger than 18.
The commission proposed that the Criminal Procedure Act be amended to accommodate the changes.
The recommendations would be submitted to Parliament for consideration. – Sapa