LEGISLATION AND POLICIES TO ACCESS TO JUSTICE FOR PERSONS WITH DISABILITY

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INTRODUCTION

Chapter 1 outlines the research problem addressed in the study and highlights the significance and relevance of the study. Next, the chapter offers a list of important and frequently used terms and definitions. This is followed by a list of abbreviations and acronyms, and the chapter concludes with an overview of the seven chapters of the thesis.

PROBLEM STATEMENT

Crimes against vulnerable and disadvantaged groups, including persons with disability, are rife. Within the broader group of disabilities, persons with complex communication needs are particularly vulnerable due to the common belief that a silent victim is the perfect victim. The crimes committed against this population include neglect and various forms of abuse such as financial, physical and sexual abuse, which may include rape. Persons with disability also tend to be repeat victims with the intensity of abuse increasing over time. The crimes perpetrated against them give persons with disability a higher chance of coming into contact with the criminal justice system than the general population. However, when examining police statistics, there does not seem to be a high incidence of crimes where persons with disability are the victims. This begs the question, why not?

DEFINITION OF TERMS

The following terms are critical to this study. This section therefore explains how these terms are used in the current study. They are presented in alphabetical order.

Andragogy

The theory of andragogy is a theory specifically for adult learning. This theory emphasises that adult learners are self-directed and expected to take responsibility for their decisions. The theory of andragogy with its six assumptions was applied to inform the delivery of a training programme developed for this study. The six assumptions are the learner’s self-concept; the role of experience; the readiness to learn; the orientation to learn; the need to know: and motivation (Knowles, Holton III & Swanson, 2015).

DECLARATION
ABSTRACT
ACKNOWLEDGEMENTS
CHAPTER 1: ORIENTATION
1.1 INTRODUCTION
1.2 PROBLEM STATEMENT
1.3 DEFINITION OF TERMS
1.4 LIST OF ABBREVIATIONS AND ACRONYMS
1.5 OVERVIEW OF CHAPTERS
1.6 SUMMARY
CHAPTER 2: LITERATURE REVIEW
2.1 INTRODUCTION
2.2 HUMAN RIGHTS MODEL OF DISABILITY
2.3 ACCESS TO JUSTICE
2.3.1 Communication barriers
2.3.2 Information barriers
2.3.3 Physical barriers
2.3.4 Attitudinal barriers
2.3.5 Language and literacy barriers
2.3.6 Resource barriers
2.3.7 Knowledge and skill barriers
2.4 LEGISLATION AND POLICIES TO ACCESS TO JUSTICE FOR PERSONS WITH DISABILITY
2.4.1 The 2030 Agenda for Sustainable Development
2.4.2 The Convention on the Rights of Persons with Disabilities.
2.4.3 The Constitution of the Republic of South Africa
2.4.4 The South African White Paper on Policing – Human Rights Principles of Policing
2.4.5 The SAPS Code of Conduct
2.4.6 The South African Service Charter for Victims of Crime
2.4.7 The South African Criminal Law (Sexual Offences and Related Matter Amendment Act 32 of 2007
2.4.8 Legislation and Policy Summary
2.5 THE POLICE AND THEIR ROLE IN ENSURING ACCESS TO JUSTICE
2.6 LEGITIMACY AND PROCEDURAL JUSTICE IN THE SAPS
2.7 TRAINING ANDRAGOGY IN THE SAPS
2.8 THE SOUTH AFRICAN POLICE SERVICE: A CONTEXTUALISATION
2.8.1 The South African Police Service
2.8.1.1 Structure
2.8.1.2 Ranks
2.8.1.3 Roles
2.8.2 Process of taking a statement
2.8.2.1 The Interview
2.8.2.2 The Statement
2.9 SUMMARY
CHAPTER 3: RESEARCH METHODOLOGY
3.1 INTRODUCTION
3.2 AIMS
3.2.1 Main Aim
3.2.2 Sub-Aims
3.3 RESEARCH DESIGN
3.4 ETHICAL CONSIDERATIONS
3.5 STAGE 1a: SYSTEMATIC REVIEW
3.5.1 Aim
3.5.2 Method
3.5.3 Results
3.5.4 Implications for Phase 2
3.6 STAGE 1b: SURVEY ON DISABILITY KNOWLEDGE
3.6.1 Aim
3.6.2 Participants
3.6.3 Materials and instruments
3.6.4 Data collection and analysis
3.6.5 Results
3.6.5.1 Knowledge regarding disability
3.6.5.2 Further training needs
3.6.6 Implications for Phase 2
3.7 STAGE 1c: FOCUS GROUPS AND CREDIBILITY TEST
3.7.1 Aim
3.7.2 Participants
3.7.3 Material and instruments
3.7.4 Data collection
3.7.5 Data analysis
3.7.5.1 Data analysis: focus group
3.7.5.2 Data analysis: credibility test
3.7.6 Trustworthiness of qualitative research
3.7.7 Results
3.7.7.1 Results from the focus groups
3.7.7.2 Results from the credibility test
3.7.7.3 Interpersonal factors
3.7.7.4 Contextual factors
3.8 IMPLICATIONS FOR PHASE 2
3.9 SUMMARY
CHAPTER 4: RESEARCH METHODOLOGY
4.1 INTRODUCTION
4.2 AIM
4.2.1 Main Aim
4.2.2 Sub-aims
4.3 STAGE 2a: INITIAL DEVELOPMENT
4.3.1 Andragogical principles of adult learning
4.3.2 Requirements of effective training programmes
4.3.3 Level 1
4.3.4 Level 2
4.3.5 Level 3
4.3.6 Level 4
4.3.7 SAPS training guidelines
4.3.8 Guidelines for the certification of learner achievements
4.4 ECTP CONTENT INFORMATION
4.4.1 Stakeholder groups
4.4.2 Healthcare expert panel
4.4.3 Procedure
4.4.4 Recommendations from the stakeholder groups and the healthcare expert panel
4.4.5 Training programme adaptations
4.5 DEVELOPMENT OF THE MEASURING INSTRUMENT.
4.5.1 SAPS EDUCATION TRAINING and DEVELOPMENT POLICY
4.5.2 The moderation of assessments
4.5.3 Sections of the measuring instrument
4.5.3.1 Section A
4.5.3.2 Section B
4.5.3.3 Section C
4.5.3.4 Section D
4.5.4 Scoring criteria development
4.5.5 Input from the healthcare expert panel regarding the measuring
instrument
4.5.6 Pre-piloting of the measuring instrument
4.5.7 Participants for the pre-pilot study
4.5.8 Materials
4.5.9 Procedures
4.6 DEVELOPMENT OF THE TRAINING EVALUATION FORM
4.6.1 Level 1
4.6.2 Level 2
4.6.3 Evaluation of the ECTP training evaluation form by the SAPS stakeholder group and the healthcare expert panel
4.7 STAGE 2b: PILOT STUDY
4.7.1 Aim of the pilot study
4.7.2 Description of the setting
4.7.3 Training duration
4.7.4 Materials
4.7.5 Role of facilitators
4.7.6 Participants
4.7.7 Procedures
4.7.8 Objectives, procedures, results, recommendations and changes following the pilot study
4.8 FINAL DEVELOPMENT
4.9 SUMMARY
CHAPTER 5: RESEARCH METHODOLOGY
5.1 INTRODUCTION
5.2 AIMS.
5.2.1 Main Aim
5.2.2 Sub-aims
5.3 DESIGN
5.4 DESCRIPTION OF THE SETTING
5.4.1 SAPS Employee and FCS unit Member Numbers
5.4.2 Areas, Cluster Numbers and Police Stations
5.5 PARTICIPANTS
5.5.1 Sampling
5.5.2 Recruitment
5.5.3 Selection of Participants
5.5.4 Participant Assignment
5.5.5 Group Equivalence
5.6 MATERIALS
5.7 PROCEDURES.
5.7.1 Ethical Considerations
5.7.1.1 The principle of free and informed consent
5.7.1.2 The principle of confidentiality
5.7.1.3 The principle of veracity
5.7.1.4 The principle of justice and inclusiveness
5.7.2 Experimental Group and Control Group Venues
5.7.3 Experimental Group Procedures
5.7.4 Control Group Procedures
5.7.5 Participant Evaluation of the ECTP
5.8 RELIABILITY
5.8.1 Instrument Reliability
5.8.2 Data Entry Reliability
5.9 VALIDITY
5.9.1 Instrument Validity
5.9.1.1 Content validity
5.9.1.2 Construct validity
5.9.2 Internal Validity
5.9.2.1 History effects
5.9.2.2 Maturation effects
5.9.2.3 Testing effects
5.9.2.4 Attrition effects
5.9.3 External Validity
5.9.3.1 Population validity
5.9.3.2 Ecological validity
5.9.3.3 Treatment and testing interaction
5.10 PROGRAMME INTEGRITY
5.10.1 Adherence to Procedures
5.10.2 Quality of Delivery
5.10.3 Exposure to the ECTP
5.10.4 Participant Responsiveness
5.10.5 ECTP Training Differentiation
5.11 DATA ANALYSIS
5.11.1 Descriptive Statistics
5.11.2 Inferential statistics
5.11.2.1 Mixed factorial ANOVA
5.11.2.2 Assumptions of the mixed factorial ANOVA
5.12 SUMMARY
CHAPTER 6: RESULTS AND DISCUSSION
6.1 INTRODUCTION
6.2 DIFFERENCES IN KNOWLEDGE BEFORE AND AFTER TRAINING
6.2.1 Knowledge of disability
6.2.2 Knowledge of statement taking from persons with CCN who report being a victim of crime
6.2.3 Applied knowledge of statement taking from persons with CCN who report being a victim of crime
6.2.4 Changes in perceived skills in statement taking from persons with CCN who report being a victim of crime from pre-to post-training
6.2.5 Changes observed between pre-and post-training on attitudes towards persons with disability
6.3 VARIABLES THAT MAY HAVE INFLUENCED CHANGES IN THE KNOWLEDGE, SKILLS AND ATTITUDES OF PARTICIPANTS IN THE EXPERIMENTAL GROUP FROM PRE- TO POST-TRAINING
6.4 SYNOPSIS OF RESULTS
6.5 DISCUSSION
6.5.1 Knowledge constructs
6.5.2 Perceived skills construct
6.5.3 Attitudes towards persons with disability construct
6.5.4 The variables of gender, age, qualification, years of experience in the SAPS and years of experience in the FCS unit
6.6 SUMMARY
CHAPTER 7: CONCLUSIONS AND RECOMMENDATIONS
7.1 INTRODUCTION
7.2 SUMMARY OF RESULTS
7.2.1 Phase 1
7.2.2 Phase 2
7.2.3 Phase 3
7.3 IMPLICATIONS FOR PRACTICE
7.4 EVALUATION OF THE STUDY
7.4.1 Strengths
7.4.2 Limitations
7.5 RECOMMENDATIONS FOR FURTHER RESEARCH
7.6 SUMMARY