SOUTH AFRICA - COMMUNITY CORRECTION

Qualifications for Adult Offenders

According to the Correctional Services Act (1998) the following persons qualify:

Persons subject to community corrections are:

1. Those placed under correctional supervision in terms of:

● Section 6(1)(c)
● Section 276(1 )(h)
● Section 276(l)(i)
● Section 276A(3)(a)(ii)
● Section 276A(3)(e)(ii)
● Section 286B(4)(b)(ii).
● Section 286B(5)(b)(iii)
● Section 287(4)(a), 287(4)(b)
● Section 297( 1 )(a)(i)(ccA)
● Section 297( l)(b) or 297(4) of the Criminal Procedure Act;

2. While out of prison, prisoners who have been granted temporary leave in
terms of section 44;

3. While out of prison, those placed on day parole in terms of section 54;

4. Those placed on parole in terms of section 73; and

5. Those placed under the supervision of a correctional official in terms of

sections 62(f), 71, 290( 1)(a) and 290(3) of the Criminal Procedure Act.

Qualifications for Juvenile Offenders

According to Section 41 (1) of the principal Act, a prosecutor may divert a matter
involving a child who is alleged to have committed an offence referred to in Schedule
1 and may, for this purpose, select any level one diversion option set out in section
53(3) or any combination thereof, if the prosecutor is satisfied:

1. That the factors referred to in section 52(1)(a) to (d) have been complied with; and

2. In the case of a child who is [10] 12 years or older but under the age of 14 years,
that [criminal capacity is likely to be proved in terms of section 11, the child will
benefit from diversion]
NORWAY - COMMUNITY CORRECTION
Qualifications for Adult Offenders

According to the Execution of Sentence Act, Section 16, the Norwegian Correctional
Service provides conditions/qualifications:

1. The unconditional prison sentence that has been imposed or the remaining
period until expected release is up to 4 months and it is an appropriate means
of ensuring a positive development and the counteraction of new criminality,
the sentence can be served outside of prison when the condition is set that
the convicted person must be subject to electronic monitoring.

2. It is a precondition for execution of the sentence outside prison that the

convicted person shall have a permanent residence and be employed in a
form of work, training or other measures. The convicted person shall also
avoid the use of intoxicants, anaesthetics, hormone preparations or other
chemical substances that are not lawfully prescribed.

Qualifications for Juvenile Offenders

Several conditions must be fulfilled for the court to be able to sentence the defendant
to youth punishment:

1. The offender must be under 18 years of age at the time of the crime
2. The offender must have the defendant’s consent
3. The defendant must be resident in Norway
4. The offender must have committed serious or repeated criminal offenses
5. The use of youth punishment must not be contradictory to the purposes of
punishment

REFERENCE:

Act relating to the execution of sentences etc. (The Execution of Sentences Act) -
Lovdata
Community Corrections – Department of Correctional Services (dcs.gov.za)
201809-ChildJustice-AmendmentBill-OCSLA.pdf
Holmboe, M. (2017). NORWEGIAN YOUTH PUNISHMENT - OPPORTUNITY OR
TRAP? Retrieved from: https://www.google.com/url?
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