Correctional Services Act, 1998 (Act No. 111 of 1998)Regulations for the Administration of the Department of Correctional Services of the Republic of South AfricaChapter IV : Management, Safe Custody and Well Being of Remand Detainees26I Maximum incarceration period |
| 1) | The period as contemplated in section 49G of the Act commences from the date of admission in a remand detention facility for an uninterrupted period which period will be deemed not to be interrupted by court appearances, temporary releases in terms of section 49F, temporary releases to be treated in a medical facility or designated health establishment in terms of section 42 of the Mental Health Care Act, 2002 (Act No. 17 of 2002) outside a correctional centre or remand detention facility, as the case may be. |
| 2) | If the remand detainee is admitted with more than 1 warrant of detention on the same date, the calculation must be done for each individual warrant to establish the period as contemplated in section 49F of the Act. |
| 3) | If a remand detainee who is already detained under a warrant receives a further warrant or warrants, the calculation must be done for each individual warrant or warrants. |
| 4) | If the remand detainee is not readmitted on the same day, except where he or she was admitted into the custody of the South African Police Service or to a designated health establishment in terms of section 42 of the Mental Health Care Act, 2002 (Act No. 17 of 2002), the period will be regarded as being interrupted and on readmission for the same case the period of incarceration will be calculated afresh as from the date of such readmission. |
| 5) | When a sentenced offender's sentence expires but such offender must be detained under a warrant for a further charge such remand detainee must be admitted to a remand detention facility, and the calculation of the period will commence on the date of admission to such facility. |