The large number of un-sentenced prisoners is not the only cause of overcrowding in South African prisons, as there are many prisons that have no prisoners awaiting trial or unsentenced but are nonetheless overcrowded. These include the following: – Correctional Centre Middledrift Stutterheim St Alban’s Maximum Johannesburg Med. B Leeuwkop Maximum Christiana Capacity Unsentenced Sentenced Total 411 50 717 0 0 0 1,331 122 1,702 1,331 122 1,702 % occupation 323.84 244.00 237.38 1,300 0 4,456 4,456 342.77 763 0 1,671 1,671 219.00 107 0 254 254 237.38 According to the Inspecting Judge, other factors influencing the increase in prison population include unnecessary arrests by the police, unaffordable bail and unnecessary postponements of cases. It may also be as a result of the reluctance by judges and magistrates to use non-custodial sentences, even for petty offences. In the course of the visit, the Special Rapporteur came across several cases that supported the above assertions. Probably, as a result of an increase in violent crimes and pressure from the public for a return to capital punishment and harsher penalties, the police, the prosecutor and the judiciary are responding in a manner that would please the public. The result of this response has been an increase in the number of persons arrested by the police even for minor offences such as drunkenness, crossing the railway, shoplifting, etc. The prosecution’s goal is focused on detaining the criminal for as long as possible and the judiciary is also determined to fight crime by handing out long term sentences. There is reluctance on the part of the judiciary to embrace alternatives to incarceration, such as community services. It would also seem pro-death penalty judges tend to use long term imprisonment as a means to respond to the public’s call for the return to capital punishment. Another worrying trend is the number of persons who remain in detention because they cannot afford to pay bail fees. As at May 2004, a total of 13,223 persons were in detention for non-payment of bail fees, some fees as low as R50. According to the Office of the Inspecting Judge, in all of these cases, a magistrate had determined that the accused could await his or her trial in the community retaining his or her employment or continuing school. Because the accused could not afford fees for bail, he/she would be held in detention for an average of 143 days before trial. Annex IV shows the number of detainees per region who are detained because they cannot afford bail. 38 Special Rapporteur on Prisons Mission to South Africa 14 – 30 June 2004