Human Rights and Prisons - Rethinking Crime and Punishment

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Mandatory Life Imprisonment Without Parole Not A Breach Of Rights (UK) Wellington R, (On the Application of) v Secretary of State for the Home Department [2008] UKHL 72 (10 December 2008) The House of Lords held that a mandatory sentence of life imprisonment without parole does not necessarily constitute inhuman or degrading treatment or punishment under art 3 of the European Convention on Human Rights. Right To Life Requires State Investigation Into Suicide Attempt While In Custody (UK) R (on the application of JL) v Secretary of State for Justice [2008] UKHL 68 (26 November 2008) The House of Lords unanimously held that the right to life established by art 2 of the European Convention on Human Rights requires the state to carry out an independent investigation whenever a person is left incapacitated by a suicide attempt in custody. Details Of A State’s Obligation To Investigate A Suicide Enumerated (UK) JL, R v Secretary of State for the Home Department [2007] EWCA Civ 767 (24 July 2007) This case concerned the investigative duties imposed upon authorities by art 2 of the European Convention on Human Rights (the right to life) following the injury or death of an individual while in custody. In particular, the case turned on whether an obligation to carry out an „enhanced investigation‟ was subject to a threshold test of „arguability‟. The content of an enhanced investigation has certain features: (i) the State itself must commence the investigation; (ii) the investigation or inquiry must be open to public scrutiny; (iii) the investigator must be independent of those persons involved; and (iv) the family must have proper opportunity to participate (R (on the application of Amin) v Secretary of State for the Home Department [2003] UKHL 51). In the present case, although a primary investigation had taken place, it was argued that this was insufficient to meet the requirements of art 2, namely to conduct an enhanced investigation. 142
References Aday R (2006) „Managing the Special Needs of Ageing Prisoners in the United States‟ in Wahidin A and Cain M (eds) Ageing, Crime and Society Portland: Willan Publishing All Party Parliamentary Group on Women in the Penal System, Chaired by Baroness Corston (2010) Women in the Penal System: Second Report on Women with Particular Vulnerabilities in the Criminal Justice System London: Howard League for Penal Reform Arnold H (2008) „The Experience of Prison Officer Training‟ in Bennett J, Crewe B and Wahidin A (eds) Understanding Prison Staff Cullompton: Willan Publishing Auckland District Law Society (2008) Annual Report 2007/08 – Criminal Law Committee, accessed at: http://www.adls.org.nz/aboutadls/committees/criminal-committee/annual-report Auckland District Law Society (2009) Importance of Membership Photo ID cards for Prison Visits is Stressed, ADLS News, 20 August 2009, accessed at: http://www.adls.org.nz/resources/news-details?NewsId=6ddb2d66-e562- 4165-bdbc-a31ba6044825 Baragwanath S (2009) „Boys in Prison: What about their Education?‟ in Maxwell G (ed) Assessing the Causes of Offending: What is the Evidence? Wellington: Institute of Policy Studies BBC News (2008) Private Jails „Worse than Public‟, accessed at http://news.bbc.co.uk/2/hi/uk_news/7197489.stm 31 May 2010 Becroft A (2004) Youth Justice in New Zealand: Future Challenges, Paper Presented at the New Zealand Youth Justice Conference „Never Too Early, Never Too Late‟, 17-19 May 2004 Birgden A and Perlin M (2008) „„Tolling for the Luckless, the Abandoned and Forsaked‟: Therapeutic Jurisprudence and International Human Rights Law as Applied to Prisoners and Detainees by Forensic Psychologists‟, Legal and Criminological Psychology, Vol 13, pp 231-243 Borrill J, Snow L, Medlicott D, Teers R and Paton J (2005) „Learning from „Near Misses‟: Interviews with Women who Survived an Incident of Severe Self-Harm in Prison‟, The Howard Journal of Criminal Justice, Vol 44, No 1, pp 57-69 Bott, M, (2007) Lawyer For Wellington Accused Press Statement, Press Release: Michael Bott, 29 October 2007, http://www.scoop.co.nz/stories/HL0710/S00435.htm 143
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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
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used. A rub-down of the person may
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The UN Basic Principles for the Tre
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As noted previously (Section 7.2),
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An inability to cope with the initi
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azor blade policy, under which high
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The Department has also issued a Di
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of young people. The Ministry of Ju
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foster care, multi-systemic therapy
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prisoners were ignored. Such approa
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Page 94 and 95: sexual abuse. However, they also no
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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
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Page 106 and 107: Alongside the Ombudsmen‟s Office,
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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
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Page 118 and 119: 11. Conclusion This review has show
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Page 122 and 123: Moreover, New Zealand‟s use of pr
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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 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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