'n Maatskaplikewerk-ondersoek na die aard en implikasies van die sogenaamde "Wenslikheid van vervolging"-verslag

Abstract

Background: Due to the increase of crime in South Africa and the overcrowding of correctional facilities, there has been increasing pressure on courts to find and implement alternatives to imprisonment. In this regard, the so-called "desirability of prosecution" reports and diversion for youths is in general use throughout the country. A new trend is, however, an increase in requests of "desirability of prosecution" reports for adults by some courts, while others are still unaware of their potential use and its accompanying diversion for adults. This state of affairs has caused some uncertainty amongst probation officers regarding what precisely is expected of this type of investigations and the reports that must be presented to the courts. Objective: The primary aim of the study was to determine the nature and required content of the so-called "desirability of prosecution" report for adults. Method: The empirical research focused on magistrates' and control prosecutors' expectations regarding the particular type of report. It utilised a combination of quantitative and qualitative research methods and involved three magistrates and seven control prosecutors from three different towns in three different provinces in central South Africa. Results: From the questionnaires and interviews it, first of all, became clear that not all the respondents were aware of the fact that the so-called "desirability of prosecution" reports and accompanying diversion can also be used for adults. It, secondly, showed that the vast majority of respondents viewed it as a mechanism that showed great promise and that it has already been utilised with some success by some courts. The study also produced a variety of guideline for the compilation of such reports.