The decision to limit the maximum period of remand in police custody (see Friday/Saturday edition) in the new Penal Procedure Code is interesting. Instead of two days with a possible extension by eight days it will become twice three days.
This is based on recommendations of the European Committee for Prevention of Torture and Inhumane or Degrading Treatment or Punishment CPT. The latter has been saying since 2014 that suspects should not be held at the Philipsburg police station cells longer than three days after seeing the examining judge.
That part seems clear, but what about the potential influence on the work of criminal investigators? Instead of getting another eight days if deemed justified after 48 hours – for a total of 10 days – to make their case and seek pre-trial detention where needed at the Point Blanche prison, they must do so with only an extra three days after 72 hours.
This puts more pressure on detectives and prosecutors to, having obtained the first – routinely granted – extension, present enough evidence, suspect facts and/or probable cause to convince the court. In other words, it could have a negative impact on the effectiveness of law enforcement.
Then again, considering CPT’s latest report on conditions at the police holding cells one can hardly disagree that persons should not be kept there for any length of time. However, possible consequences and how this works in practice are not to be overlooked when the relevant draft legislation before Parliament is debated.
