Abstract
On 30 May 2007 the Criminal Law Amendment Bill (15 of 2007) was tabled in Parliament, proposing amendments to what has become known as the ‘minimum sentences’ legislation. The proposed amendments herald another chapter in the prison overcrowding debate in South Africa and will focus attention on the impact of sentencing on the size of the prison population.
Highlights
Sentencing and prison population growthOn 30 May 2007 the Criminal Law Amendment Bill (15 of 2007) was tabled in Parliament, proposing amendments to what has become known as the ‘minimum sentences’ legislation
Society Foundation (SA) CRIME QUARTERLY No 20 JUNE 2007 population is influenced by a number of factors or ‘prison population drivers’, for example macroscale population trends, trends in crime, law enforcement, and sentencing
This analysis focuses on the effect of sentencing on the size and profile of the sentenced prison population
Summary
On 30 May 2007 the Criminal Law Amendment Bill (15 of 2007) was tabled in Parliament, proposing amendments to what has become known as the ‘minimum sentences’ legislation. There is far less agreement among Correctional Services stakeholders on the reasons for prison overcrowding This analysis focuses on the effect of sentencing on the size and profile of the sentenced prison population. Using quantitative data (made available by the Department of Correctional Services) on the size and profile of the prison population over an elevenyear period, 1995 to 2005, the relationship between sentencing and the size of the prison population is explored. On closer inspection it appears that fewer offenders are sentenced to imprisonment, but for longer. Sentence category Unsentenced 0-6 months >6-12 months >12-3-5 years >5-7 years >7-10 years >10-15 years >15-20 years >20 years Life sentence Other sentences Total sentenced Total prisoners
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