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 The Criminal Procedure and Evidence Amendment Act repealed the provisions allowing the State to extend the time within which an accused person may be detained without a court order.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] Page | 18

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