Human Rights and Prisons - Rethinking Crime and Punishment

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HM Chief Inspector of Prisons (2009b) Report on an Announced Inspection of HMP The Mount, 19-23 October 2009, London: HMIP HM Chief Inspector of Prisons (2009c) Disabled Prisoners: A Short Thematic Review on the Care and Support of Prisoners with a Disability, London: HMIP HM Chief Inspector of Prisons (2010) Report on a Full Unannounced Inspection of HMP Altcourse, 15-22 January 2010, London: HMIP Home Office (2007) A Report by Baroness Jean Corston of a Review of Women with Particular Vulnerabilities in the Criminal Justice System London: Home Office Houlahan M (2009) „Corrupt Prison Staff Punished‟, The Press, 01 February 2009 House of Commons Justice Committee (2010) Cutting Crime: The Case for Justice Reinvestment, First Report of Session 2009-10, Volume I, London: The Stationery Office Ltd Howard League for Penal Reform (2007) Media Release – 21 st May 2007, accessible at www.howardleague.co.nz/press/pr_may_2007.htm Howard League for Penal Reform (2009) Newsletter 2009, accessible at http://www.howardleague.co.nz/newsletters_2009.htm Huey M and McNulty T (2005) „Institutional Conditions and Prison Suicide: Conditional Effects of Deprivation and Overcrowding‟, The Prison Journal, Vol 85, No 4, pp 490-514 Human Rights Commission (2004) Human Rights in New Zealand Today: New Zealand Action Plan for Human Rights, Wellington: HRC Human Rights Commission (2008) Monitoring Places of Detention: First Annual Report of Activities under the Optional Protocol to the Convention against Torture (OPCAT) – 1 July 2007 to 30 June 2008 Wellington: HRC Human Rights Commission (2009) Comments of the New Zealand Human Rights Commission on New Zealand‟s Implementation of the United Nations Convention Against Torture. For Consideration in Relation to New Zealand‟s Fifth Periodic Report. 42nd Session – Committee Against Torture. 27 April – 15 May 2009. Human Rights Commission (2009b) Monitoring Places of Detention: Second Annual Report of Activities under the Optional Protocol to the Convention against Torture (OPCAT) – 1 July 2008 to 30 June 2009 Wellington: HRC Human Rights Commission (2009b) Monitoring Places of Detention: Annual Report of Activities under the Optional Protocol to the Convention against Torture (OPCAT) – 1 July 200 to 30 June 2010 Wellington: HRC 150
Jacobs J B (2004) „Prison Reform amid the Ruins of Prisoners‟ Rights‟ in Tonry M (ed) The Future of Imprisonment Oxford: Oxford University Press Jenkins P (nd) „Human Rights…and Responsibilities‟, Sensible Sentencing Trust, accessed at http://www.safe-nz.org.nz/Articles/rights.htm Jones P and Pike A (2010) „Prisoners Education – Are We Doing Enough?‟ in All-Party Parliamentary Grounon Penal Affairs (ed) Too Many Prisoners, London: Prison Reform Trust Keve P (1974) Prison Life and Human Worth Minneapolis: University of Minnesota Press Kingi V (1999) Children of Women in Prison: A Thesis Submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Doctor of Philosophy in Criminology Wellington: VUW Kingi V (2009) „Forgotten Victims: Effects of Imprisonment on Families / Whānau‟ in Maxwell G (ed) Addressing the Causes of Offending: What is the Evidence? Wellington: Institute of Policy Studies Kingi V, Paulin J, Wehipeihana N and Mossman E (2008) Mothers with Babies in Prison: Some Women Prisoners‟ Perspectives Wellington: Department of Corrections Kinner S, Williams M, (2006) Post-release experience of prisoners in Queensland: implications for community and policy Paper presented to Social Change in the 21 st Century Conference, Centre for Social Change Research, Queensland University of Technology, 27 October 2006 Lambie I (2009) „Solutions to Youth Offending in New Zealand‟ in Maxwell G (ed) Assessing the Causes of Offending: What is the Evidence? Wellington: Institute of Policy Studies Law and Order Committee (2009) 2009/10 Estimates for Vote Corrections Wellington: NZ House of Representatives Law and Order Committee (2009b) 2007/08 Financial Review of the Department of Corrections Wellington: NZ House of Representatives Law and Order Committee (2010) 2008/09 Financial Review of the Department of Corrections Wellington: NZ House of Representatives Levy L (2009) „Guidance on Food Provision in Prisons‟, Prison Service Journal, Issue 182, March, pp 10-14 Liebling A (2004) Prisons and their Moral Performance Oxford: Clarendon Press 151
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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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in a study that exposed the limits
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sexual abuse. However, they also no
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Kaumatua have official standing as
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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 124 and 125: the Minister of Corrections on a ra
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 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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