EVALUATING THE ROLE OF CRIMINAL INVESTIGATORS DURING BAIL APPLICATION

Year 2020, Volume: 12 Issue: 1, 161 - 174, 19.02.2020

Mokwena Rj Motseki Mm Dube Nc

Abstract

Criminal investigators of the South African Police Service (SAPS) are undermined and discredited by society in all spheres of policing sectors. They are shrouded in controversy and often called useless, incompetent and illiterate. SAPS criminal investigators have come under lot of pressure and scrutiny by the media and the public when suspects get bail in a court of law. This article attempts to evaluate and analyse the role of criminal investigators during bail application. This research was carried out utilising a qualitative approach. Purposive non-probability sampling was used because the researchers selected the participants based on their expertise or experience in their field. Thirty-five interviews were carried out among criminal investigators deployed in the Phoenix, Verulam and Tongaat Police Stations of KwaZulu-Natal. The interviews were conducted following a phenomenographic approach to identify the participants' responses. The challenges the participants perceived or had encountered when opposing bail were explored through in-depth interviews and analysed using thematic analysis.
The findings indicated that, in South Africa, witness views on bail application are not recognised. Moreover, security risk assessment is not being conducted before a suspect can be granted bail. The findings also revealed that prosecutors mostly work in silos during bail application, as criminal investigators are left out. The study recommends that detective commanders should engage consistently with their investigators and discuss a proper preparation of case docket, evidence gathering as well as factors that are considered by court during bail hearings. The study further recommends that the investigators consult constantly with the prosecutors to better advance their relationship and a refresher course is also recommended for investigators in order to keep them up to date with their duties and with what is required from them by the court of law.

Keywords

criminal investigators, bail, prosecutors, witnesses, victims.

References

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