The South African Law Reform Commission has approved a Report containing recommendations and a proposed draft Bill on the use of audiovisual equipment for the postponement of criminal cases against accused persons who are in custody awaiting trial. The Report has been submitted to the Minister for Justice and Constitutional Development on 22 July 2003 for consideration and promotion in Parliament.
The Commission considered a proposal by role-players in the criminal justice system that legislation should be introduced to provide for the postponement of criminal cases via an audiovisual link where the accused person is in custody awaiting trial. This would mean that accused persons would not have to appear physically in courts for the purpose of a mere postponement of the case. The proposal allows for the use of modern technology and the establishment of "video-conference courts" to remand criminal cases against such persons. In terms of the proposal, audiovisual equipment has to be installed at a court point and a remote point (the prison). The initial proposal was limited to postponements and then only after the first appearance of the accused in a court.
In the course of the investigation the Commission, in particular, considered the constitutionality of the proposal. After careful consideration and consultation with relevant role players the Commission concluded that the proposed procedure would not be unconstitutional. The Commission was, however, sympathetic to the view that since the procedure would introduce an innovation, it ought to be implemented incrementally. The Commission also decided to extend the initial proposal to cover bail applications as well as applications for leave to appeal and the hearing of an appeal in respect of persons in custody.
the point of departure be to allow the procedure unless, in the discretion of the presiding officer, the accused must in the interests of justice be brought before a court.