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IDENTIFICATION OF PRISONERS

In order to further ensure the safe custody of prisoners, prison officials may take the following steps to identify a prisoner:
(a) taking finger and palm prints;
(b) taking photographs of the prisoner;
(c) ascertaining external physical characteristics;
(d) taking measurements; and
(e) referral to a medical officer to- ascertain the age of the prisoner.
A prisoner may, at own cost, request that his or her private medical practitioner be present when his or her age is determined. If the Head of the Prison is of the view that the prisoner’s age is incorrectly estimated, the Head of the Prison may remit the case to the Court concerned for a reappraisal of the prisoner’s age (section 28 of the Correctional Services Act).

SEGREGATION AND ISOLATION OF PRISONERS

According to section 30 of the Correctional Services Act, a prisoner may be segregated from other prisoners for a period of up to one day, which segregation may include detention in a single cell, in the following circumstances:
(a) when a prisoner requests such segregation in writing;
(b) imposed as a penalty after a disciplinary hearing;
(c) on medical grounds if prescribed by a medical officer;
(d) if a prisoner either displays violent tendencies, or as a means of protection when threatened with violence;
(e) in order to prevent a prisoner from escaping again after being recaptured; and
(f) at the request of the police, and if the Head of the Prison is of the view that such segregation is in the interests of the administration of justice.
A correctional official must visit a prisoner who is segregated in terms of this provision at least once every four hours, whilst the Head of the Prison must visit the prisoner at least once a day. In addition, a registered nurse, psychologist or medical officer must assess the prisoner’s health at least once a day. If any of these medical personnel are of the view that such segregation is detrimental to the health of the prisoner the segregation must end. Where segregation occurs as a result of the request of a prisoner, such request may be withdrawn at any time (by the prisoner). If the Head of the Prison is satisfied that the segregation is not detrimental to the health of the prisoner, and the medical officer or psychologist confirms such belief, the period of segregation may be extended to 30 days if the Commissioner of Correctional Services agrees.
The Head of the Prison must report all cases of segregation or the extension thereof to the Area Manager and the Inspecting Judge. Any prisoner who is subject to segregation may refer the matter to the Inspecting Judge. Any decision on the matter by the Inspecting Judge must be given to the prisoner concerned within 72 hours of the referral. Segregation must generally be for a minimum period and the minimum restrictions must be imposed on the prisoner.

MECHANICAL AND OTHER RESTRAINTS

Section 31 of the Correctional Services Act deals with mechanical restraints used to restrain prisoners under certain circumstances. Should it be necessary for the safety of a prisoner or any other person with whom a prisoner may come into contact, or if there is a reasonable suspicion that a prisoner may escape, prison authorities may restrain a prisoner by mechanical means. Unless a court so authorises, a prisoner may not appear before a court in mechanical restraints other than handcuffs or leg-irons. Mechanical restraints may only be used on prisoners who are in solitary confinement when approved by the Head of the Prison, and then only for a period of 7 days.
Generally mechanical restraints may not be used on a prisoner for a period exceeding 7 days, unless the Commissioner of Correctional Services grants permission for it to continue until a maximum of 30 days. The Commissioner may only extend the period beyond 7 days after consultation with a medical officer or psychologist. The use of any mechanical restraints, except leg-irons and handcuffs, must be reported to the Area Manager and Inspecting Judge.
Prisoners who are subject to mechanical restraint (other than leg-irons and handcuffs) may appeal against such restraint to the Inspecting Judge, who must make a decision within 72 hours. In terms of this provision, mechanical

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CHAPTER 1: THE RESEARCH PROJECT
‘ 1.1 INTRODUCTION
1.2 CONTENTS AND DIRECTION OF RESEARCH
1.3 CHOICE OF SUBJECT MATTER
1.3.1 NECESSITY AND DESIRABILITY
1.3.1.1 NEED FOR RESEARCH OF THIS NATURE
1.3.1.2 PENOLOGICAL RESEARCH
1.3.2 INVOLVEMENT OF THE RESEARCHER
1.4 OBJECTIVES OF THE RESEARCH
1.5 METHOD OF RESEARCH
1.5.1 CHOICE OF METHOD
1.5.2 DETERMINATION OF RATIONALE
1.6 GATHERING OF DATA
1.6.1 USE OF ACTA PUBLICA
1.6.2 MOST IMPORTANT DOCUMENTARY SOURCES
1.6.2.1 NATURE OF THE SOURCES
1.6.2.2 STATUTORY PROVISIONS
1.6.2.3 DEBATES IN PARLIAMENT
1.6.2.4 JUDICIAL DECISIONS
1.6.3 RELIABILITY OF INFORMATION
1.7 DELIMITATION
1.7.1 PERIOD IN QUESTION
1.7.2 GEOGRAPHICAL LIMITATION
1.8 DEFINITION OF KEY CONCEPTS
1.9 PROBLEMS AND DEFICIENCIES
1.10 SUMMARY
CHAPTER.2 PROVISIONS OF THE CONSTITUTION, WHICH HAVE AN INDIRECT EFFECT ON PUNISHMENT
INTRODUCTION
HISTORICAL BACKGROUND TO THE CONSTITUTION
INITIATIVES FOR A CONSTITUTIONAL
SYSTEM OF GOVERNMENT
ADOPTION OF THE INTERIM CONSTITUTION
FIRST CERTIFICATION JUDGMENT OF THE
CONSTITUTIONAL COURT
SECOND CERTIFICATION JUDGMENT OF THE
CONSTITUTIONAL COURT
FOUNDING PROVISIONS OF THE CONSTITUTION
SUPREMACY OF THE CONSTITUTION (SECTION 2)
CITIZENSHIP (SECTION 3)
LANGUAGES (SECTION 6)
PROVISIONS OF THE BILL OF RIGHTS, WHICH HAV AN INDIRECT EFFECT ON PUNISHMENT
FREEDOM OF RELIGION, BELIEF AND OPINION (SECTION 15)
FREEDOM OF EXPRESSION (SECTION 16)
ASSEMBLY, DEMONSTRATION, PICKET AN
PETITION (SECTION 17)
FREEDOM OF ASSOCIATION (SECTION 18)
POLITICAL RIGHTS (SECTION 19)
CITIZENSHIP (SECTION 20)
ACCESS TO INFORMATION (SECTION 32)
JUST ADMINISTRATIVE ACTION (SECTION 33)
2.5 OPERATIONAL PROVISIONS OF THE BILL OF RIGHTS
2.5.1 RIGHTS GENERALLY (SECTION 7)
2.5.2 APPLICATION OF RIGHTS (SECTION 8)
2.5.3 ENFORCEMENT OF RIGHTS (SECTION 38)
2.5.4 INTERPRETATION OF THE BILL OF RIGHTS (SECTION 39)
2.5.5 LIMITATION OF RIGHTS (SECTION 36)
2.6 PRESIDENT AND NATIONAL EXECUTIV (CHAPTER 5)
2.7 COURTS AND ADMINISTRATION OF JUSTICE (CHAPTER 8)
2.8 STATE INSTITUTIONS SUPPORTING CONSTITUTIONAL DEMOCRACY (CHAPTER 9)
2.8.1 PUBLIC PROTECTOR (SECTION 182)
2.8.2 SOUTH AFRICAN HUMAN RIGHTS COMMISSION (SECTION 184)
2.8.2.1 INVESTIGATIONS AT SCHOOLS
2.8.2.2 INVESTIGATIONS AT PRISONS
2.8.2.3 INSPECTING JUDGE OF PRISON
2.8.2.4 COMPLAINTS EMANATING FROM PRISON STAFF
2.8.2.5 OTHER ACTIVITIES OF THE SAHRC
2.8.3 COMMISSION ON GENDER EQUALITY (SECTION 187)
2.9 PUBLIC ADMINISTRATION (CHAPTER 10)
2.10 SECURITY SERVICES (CHAPTER 11)
2.11 GENERAL PROVISIONS (CHAPTER 14)
2.12 SUMMARY
2.12.1 BACKGROUND TO THE CONSTITUTION
2.12.2 FOUNDING PROVISIONS OF THE CONSTITUTION
CHAPTER3: PROVISIONS OF THE BILL OF RIGHTS, WHICH HAVE AN INDIRECT EFFECT ON PUNISHMENT OPERATIONAL PROVISIONS OF THE BILL OF RIGHTS
POWERS OF PARDON OF THE PRESIDENT
COURTS AND ADMINISTRATION OF JUSTICE
STATE INSTITUTIONS SUPPORTING DEMOCRACY
PUBLIC ADMINISTRATION AND SECURITY
SERVICES
GENERAL PROVISIONS
RIGHTS OF PERSONS WHO ARE ARRESTED,
DETAINED AND ACCUSED
INTRODUCTION
RIGHTS OF ARRESTED PERSONS
RIGHTS OF DETAINED PERSONS
RIGHT TO BE INFORMED PROMPTLY OF REASON FOR BEING DETAINED
RIGHT TO THE SERVICES OF A LEGAL
PRACTITIONER
RIGHT TO CHALLENGE THE LAWFULNESS OF
DETENTION
RIGHT TO CONDITIONS OF DETENTION THAT ARE CONSISTENT WITH HUMAN DIGNITY
RIGHTS OF ACCUSED PERSONS
SUMMARY
RIGHTS OF ARRESTED PERSONS
RIGHTS OF DETAINED PERSONS
3.5.3 RIGHTS OF ACCUSED PERSONS
CHAPTER4: THE BILL OF RIGHTS AND PUNISHMENT
CHAPTER 5: DETENTION OF CHILDREN AS A LAST RESORT
CHAPTERS 6: SECOND STAGE OF HEARING OTHER ASPECTS CONSIDERED BY THE COURT CONSTITUTIONALITY OF THE DEATH PENAL TY IN OTHER COUNTRIES
CHAPTER 7: INDETERMINATE SENTENCES OF IMPRISONMENT MANDATORY MINIMUM SENTENCES OF IMPRISONMENT