An analysis of the legal challenges experienced by offenders with hearing and/or speech impairment in the South Africa criminal justice system

Abstract

This study identifies and analyses legal impediments faced by certain offenders who have impaired speech and hearing in the criminal justice system. It focuses on some of the challenges which arise during the pre-trial stage, trial and during incarceration. In particular the thesis considers the barriers which offenders face in making or seeking to make voluntary statements, challenges due to an inability to understand court proceedings and the plight of such offenders during incarceration. Some of the major barriers which ought to be addressed in terms of the law are identified and highlighted while endeavouring to make some recommendations which may improve the position of offenders with hearing and /or speech impairment in the South African criminal justice system.