Human Rights and Prisons - Rethinking Crime and Punishment

the Minister of Corrections on a range of matters including staff training,
prison programmes, prisoner complaints, disciplinary actions, and incidents
involving violence or self-inflicted injuries.
A further amendment to the Corrections Act through the Corrections (Mothers
with Babies) Amendment Act 2008 extended the period that children of female
prisoners may be accommodated with their mothers for the purposes of
breastfeeding and bonding. Extension of the upper age limit from six to 24
months; explicit inclusion of the child‟s best interests as a mandatory
consideration; and stipulations concerning the provision of appropriate
facilities (to the extent practicable within available resources) are positive
developments in terms of the rights of imprisoned mothers and their children.
However, the Act is not yet in force. Commencement of the Act was deferred
to ensure appropriate facilities are available.
Other recent amendments to the Corrections Act have included the
Corrections Amendment Act 2009, which among other things, prohibits the
use of „electronic communication devices‟ by prisoners and provides for the
detection and interception of radiocommunications; and expands search
powers. In addition, the Corrections (Use of Court Cells) Amendment Act
2009 enables court cells to be used to temporarily house prisoners during
accommodation shortages.
The Crimes of Torture Act 1989 was amended to meet the requirements of
the Optional Protocol to the Convention Against Torture, ratified by New
Zealand in 2007. A new Part 2 of the Act was inserted to provide for visits by
the Subcommittee and for the designation of National Preventive Mechanisms
and a Central National Preventive Mechanism.
Bail Amendment Act 2007
Section 8(1) of the original Bail Act 2000 provided that the court must take into
account whether there is a „risk‟ that the defendant may not answer to bail,
interfere with witnesses or other evidence or offend while on bail. Section 8(2)
listed a number of other considerations that the court may take into account
such as the strength of the evidence, the likely penalty and the length of time
before trial.
The Bail Amendment Act 2007 amended section 8(1) in line with R v Hines
(CA384/02, 29 November 2002), clarifying that „a risk‟ of the defendant not
answering bail, interfering with witnesses or other evidence, or offending while
on bail, means a „real and significant risk‟.
The Amendment Act also inserted an „avoidance of doubt‟ provision at 8(3) to
clarify that while it is important that court orders be obeyed, the court should
not remand a defendant simply because he or she has breached a condition,
unless the breach indicates that he or she now poses an unacceptable risk.
Bail Amendment Act 2008
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