Competency to stand trial and criminal responsibility examinations: are there solutions to the extensive waiting list?

Abstract

The mental health examinations (colloquially referred to as ‘30-day observations’) required to assist the courts in determining competency to stand trial and criminal responsibility are governed by sections 77, 78, and 79 of the Criminal Procedure Act 51 of 1977. Unfortunately, there is a significant backlog of these cases in South Africa, which puts pressure on mental health facilities and the courts. The article discusses some of the narrow approaches to these enquiries that may be contributing to the problem and raises possible alternatives that need to be examined in addressing the matter. Among these is the practice of hospitalization for examination periods up to 30 days, rather than day-visit examinations. Another barrier is the restriction of the examinations to psychiatrists, even though the legislation provides for the appointment of clinical psychologists to the enquiry panels.