Human Rights and Prisons - Rethinking Crime and Punishment

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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 124
The Bail Amendment Act 2008 reversed the 2007 amendment by once again removing „real and significant‟ from the risk provision (s8(1)), thereby reverting to the previous test for determining whether a defendant should continue to be remanded in custody. This Act also includes a sub-clause which makes it clear that bail decisions should be based solely on the determination of the risk of re-offending, interference or absconding, and not on any assistance that a defendant provides, or offers to provide, regarding any criminal investigation. Parole (Extended Supervision) Amendment Act 2004 The Parole (Extended Supervision) Amendment Act provided for the court to order that certain sexual offenders be subject to extended supervision orders. Parole Amendment Act 2006 The Parole Amendment Act 2006 amended the Parole Act to provide measures for the management of parole services during an epidemic. Parole Amendment Act 2007 The Parole Amendment Act 2007 made a number of changes to the Parole Act including: providing Home Detention as a sentencing option; establishing residential restrictions that may be imposed on all offenders subject to parole or release; the monitoring of offender‟s compliance with release conditions; powers to issue summons for information and evidence; the implementation of confidentiality orders; and, the ability of the Commissioner of Police to make a recall application. The Amendment Act also introduced specific standard conditions for offenders subject to a court imposed extended supervision order. Prior to this law change, these offenders were subject to the same standard release conditions as an offender released on parole. Parole (Extended Supervision Orders) Amendment Act 2009 The Parole (Extended Supervision Orders) Amendment Act amended the Parole Act 2002 to clarify that: part-time residential restrictions can be imposed beyond the first 12 months of an extended supervision order; and the Board may impose residential restrictions on an offender subject to an extended supervision order without having to be satisfied that the offender agrees to comply with the restrictions. Sentencing Amendment Act 2006 The Sentencing Amendment Act 2006 made amendments to the Sentencing Act to specify the priority order for the payment of reparation to multiple victims of one offender. Sentencing Amendment Act (No2) 2006 125
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Contact the Human Rights Commission
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10. Staff .........................
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Executive Summary This literature r
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are concerns about educational prov
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2. The Cultural and Legal Context R
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this context, the law is one crucia
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Significant New Zealand case law ha
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Reconviction and reimprisonment rat
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dominance of custody is also assert
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On a financial level, this increasi
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Zealand „will offer savings of be
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In response to such criticisms, the
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For instance, overseas studies (Cra
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surveillance, control and managemen
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4. Material Conditions Material con
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Issues The accommodation for prison
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However, it has been used for perio
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Health dietician who provides input
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5. Activities Law and policy framew
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across the penal estate (and within
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Sex Offender Treatment Programme -
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That „therapunitive‟ prisons re
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The consolidation of programmes tha
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Educational Achievement (NCEA); Sec
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Ultimately, she argues for the esta
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up to five minutes per week (s77(3)
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Issues Volunteers can provide a who
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There are concerns about telephone
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The use of temporary release so tha
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Reintegration Unit - currently avai
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6. Health Services Law and policy f
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In reply to such long-lived argumen
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suggests that Corrections staff are
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Applications for the compulsory ass
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when a prisoner‟s mental health d
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Restraints must be compatible with
Page 74 and 75: used. A rub-down of the person may
Page 76 and 77: The UN Basic Principles for the Tre
Page 78 and 79: As noted previously (Section 7.2),
Page 80 and 81: An inability to cope with the initi
Page 82 and 83: azor blade policy, under which high
Page 84 and 85: The Department has also issued a Di
Page 86 and 87: of young people. The Ministry of Ju
Page 88 and 89: foster care, multi-systemic therapy
Page 90 and 91: prisoners were ignored. Such approa
Page 92 and 93: in a study that exposed the limits
Page 94 and 95: sexual abuse. However, they also no
Page 96 and 97: Kaumatua have official standing as
Page 98 and 99: of detention together with convicte
Page 100 and 101: 9. Protection Measures This section
Page 102 and 103: 9.3 Disciplinary Procedures Law and
Page 104 and 105: would help to increase prisoner con
Page 106 and 107: Alongside the Ombudsmen‟s Office,
Page 108 and 109: and Victims’ Claims Act 2005 that
Page 110 and 111: 10. Staff Law and policy framework
Page 112 and 113: 10.2 Culture Unlike the literature
Page 114 and 115: eality, the numbers of new staff wi
Page 116 and 117: Employees should perform their duti
Page 118 and 119: 11. Conclusion This review has show
Page 120 and 121: Staff-prisoner ratios require impro
Page 122 and 123: Moreover, New Zealand‟s use of pr
Page 126 and 127: The Sentencing Amendment Act (No 2)
Page 128 and 129: 12.2 Relevant New Zealand Legal Cas
Page 130 and 131: eginning of the process was a proce
Page 132 and 133: to be provoked must be assessed obj
Page 134 and 135: Distinction Between Prison Discipli
Page 136 and 137: to protect complainants who allege
Page 138 and 139: Refusal To Attend A Funeral Can Be
Page 140 and 141: Treatment Example Of Degrading Trea
Page 142 and 143: Mandatory Life Imprisonment Without
Page 144 and 145: Brennan N (2010) „Prison Staff to
Page 146 and 147: Coyle A and Stern V (2004) „Capti
Page 148 and 149: Treatment or Punishment, In the Mat
Page 150 and 151: HM Chief Inspector of Prisons (2009
Page 152 and 153: Liebling A (2006) „Suicides in Pr
Page 154 and 155: Ministry of Justice (2007) Conventi
Page 156 and 157: Ombudsmen‟s Office (2007b) Invest
Page 158 and 159: Sachdev S (2008) „Private Punishm
Page 160 and 161: Tolmie J (2007) „Women and the Cr
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Human Rights and Prisons - Rethinking Crime and Punishment

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