their bodily tissue, without their informed consent is safeguarded
by the Constitution29.
6.2. The detention of arrested persons for more than 48 hours before
court appearance is outlawed.
The Criminal Procedure and
Evidence Act was subsequently amended to incorporate this
Constitutional provision requiring an accused person to be brought
to court within 48 hours after arrest30.
6.3. The Criminal Procedure and Evidence Amendment Act repealed the
provisions allowing the State to extend the time within which an
accused person may be detained without a court order. Now the
Prosecutor General may appeal within 48 hours but his or her
appeal does not suspend the decision made by the Magistrate.
Administrative Measures
6.4. In order to give effect to the Constitution and section 32 of the
Criminal Procedure and Evidence Act as amended, the Judicial
Service Commission has directed that all courts remain open on
Saturdays and public holidays for the accused persons under police
detention to appear in court before the lapse of 48 hours.
6.5. Government introduced the Pre-Trial Diversion Programme in
2013. The aim of the programme is to divert child offenders from
the mainstream punitive criminal justice system where they would
have come into contact with the law. The juvenile offender is
diverted only in instances where a minor offence would have been
committed.
30 Section 50 (2) of the Constitution
30
Section 50 (2 ) of the Constitution, section 32(2) of the Criminal Procedure and Evidence Act [Chapter 9: 07]
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