CRIMINAL LAW: MORE DISCUSSION DOCUMENTS OUT FOR COMMENT

CRIMINAL LAW: MORE DISCUSSION DOCUMENTS OUT FOR COMMENT

• 16 February 2026
• Criminal Law
• SA Legal Academy

The South African Law Reform Commission has called for input by 31 March 2026 on five discussion papers intended to contribute towards the development of ‘modernised’ criminal procedure legislation in line with constitutional imperatives, values and principles.

This is according to an accompanying media statement that also refers to papers published in February 2025 as part of the same reform process.

The five discussion papers on which public comments are now sought focus on:

• mental and intellectual disability and the criminal justice system (discussion paper) 
• protecting the rights of victims of crime in criminal proceedings (reflecting on previous investigations pertaining to victims of crime) (discussion paper)
• ensuring the continuity of criminal trials: reforming the de novo rule and court record management (discussion paper) 
• employing lay assessors discussion document, and
• strengthening governance and accounting mechanism in the criminal justice system (discussion paper).

As SA Legal Academy reported at the time, the discussion papers released in February 2025 for comment focused on:

• appropriate (alternative) dispute resolution in criminal matters discussion paper
• non-trial resolutions discussion paper
• the arrest dispensation discussion paper, and
• the bail dispensation discussion paper.

Please click the link below for additional information:

• media statement

Published by SA Legal Academy Policy Watch

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