LME3701 ASSIGNMENT 03 LME updtd.

FAIRNESS OF TRIALS IN SOUTH AFRICA AND CANADA FOR MENTALLY ILL OFFENDERS BY Submitted in partial fulfillment of the requirements for the degree LLB In the SCHOOL OF LAW UNIVERSITY OF SOUTH AFRICA SUPERVISOR: PROF MG KARELS PORTFOLIO/ ASSIGNMENT 03: 2018 ACADEMIC HONESTY DECLARATION 2 1. I understand what academic dishonesty entails and am aware of Unisa’s policies in this regard. 2. I declare that this assignment is my own, original work. Where I have used someone else’s work, I have indicated this by using the prescribed style of referencing. Every contribution to, and quotation in this assignment from the work or works of other people has been referenced according to the prescribed style. 3. I have not allowed, and will not allow, anyone to copy my work with the intention of passing it off as his or her own work. 4. I did not make use of another student’s work and submit it as my own. NAME: SIGNATURE: STUDENT NUMBER: MODULE CODE: LME3701 DATE: 22 JUNE 2018 RESEARCH THEME SELECTED: THEME 02 MARK RECEIVED FOR ASSIGNMENT 01: 80% MARK RECEIVED FOR ASSIGNMENT 02: 67% 3 Contents ACADEMIC HONESTY DECLARATION 1 1. Working Title 4 2. Research Introduction 4 3. Problem Statement 4 4. Hypothesis 6 5. Points of Departure and Assumptions 6 6. Conceptualization of Central Research Themes 8 6.1 Mental illness 8 6.2 Detention 8 6.3 Rehabilitation 8 7. Proposed Chapter Outlay 9 8. Projected Time-Frame for Submission 10 9. Description of Research Methodology 10 10. Bibiliography 12 4 1. Working Title FAIRNESS OF TRIALS IN SOUTH AFRICA AND CANADA FOR MENTALLY ILL OFFENDERS. 2. Research Introduction This research investigates the field of South African law and Canadian Criminal law on a micro-level. The research focuses on a comparison of the two judicial systems with regards to the trials of mentally ill accused persons. It focuses on the provisions of section 13 of the Criminal Procedure Act 1 and the Canadian Criminal Code 2 which explain the law that must be applied regarding such offenders. This research aims to improve the process of imprisonment, detention and rehabilitation of an accused person by relying on the basic human rights that are conferred on every person. This research also intends to highlight the rights of an accused person. The aim is to protect an accused person’s right from infringement during the process of the trial. This research also goes through the provisions which allow a judicial officer to read-in legislation when such circumstances arise, and the literal meaning of the provisions does not provide a relief. 3. Problem Statement The purpose of this research is to compare the criminal judicial systems of both, South Africa and Canada. Through this comparison it will be easier to evaluate how mentally ill accused persons are tried. 1 51 of 1977 (hereinafter referred to as the Criminal Procedure Act). 2 R.S.C 1985 C. C-46