Human Rights and Prisons - Rethinking Crime and Punishment

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Ministry of Justice (2007) Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment: Fifth Periodic Report of the Government of New Zealand, CAT/C/NZL/5, 8 January 2007 Ministry of Justice (2009a) An Overview of Conviction and Sentencing Statistics in New Zealand 1999 to 2008, Statistical Bulletin, No 5, July Wellington: Ministry of Justice Ministry of Justice (2009b) Written Replies by New Zealand to the List of Issues (CAT/C/NZL/Q/5) to be taken up in connection with the Consideration of the Fifth Periodic Report of New Zealand, Annexure: Occupancy Rates of Prisons, CAT/C/NZL/5, 10 March 2009 Ministry of Justice (2010) Criminal Justice Forecast 2010-2020 Wellington: Ministry of Justice Ministry of Justice (2010b) Child and Youth Offending Statistics in New Zealand: 1992 to 2008 Wellington: Ministry of Justice Ministry of Justice (2010c) An Overview of Conviction and Sentencing Statistics in New Zealand 2000 to 2009, Statistical Bulletin, July Wellington: Ministry of Justice Ministry of Justice (2011) 2011 Compendium of Re-offending Statistics and Analysis London: Ministry of Justice Ministry of Youth Development (2008) Third and Fourth Periodic Report for the United Nations Committee on the Rights of the Child Wellington: Ministry of Youth Development Moore J M (2008) „Prison – More than Detention?‟, Criminal Justice Matters, No 71, Spring, pp 39-40 Morning Report (2011) „Prisoners Finding it Harder to Get Work Experience‟, Radio New Zealand Morning Report, 12 May 2011 Morrison B, Soboleva N and Chong J (2008) Conviction and Sentencing of Offenders in New Zealand: 1997 to 2006 Wellington: Ministry of Justice Nadesu A (2009) Reconviction Patterns of Released Prisoners: A 60-Months Follow-Up Analysis, March 2009 Wellington: Department of Corrections Nathan S (2003) „Prison Privatization in the United Kingdom‟ in Coyle A, Campbell A and Neufeld R (2003) Capitalist Punishment: Prison Privatization and Human Rights London:Zed Books/ Atlanta: Clarity Press National Health Committee (2008) Review of Research on the Effects of Imprisonment on the Health of Inmates and their Families (2 nd ed), Wellington: National Advisory Committee on Health and Disability 154
National Health Committee (2010) Health in Justice: Kia Piki te Ora, Kia Tika! – Improving the Health of Prisoners and their Families and Whānau: He Whakapiki i te ora o Ngā Mauhere me ō Rātou Whānau Wellington: Ministry of Health New Zealand Law Society (2009) „ID at Prisons‟, LawTalk, Issue 735, 17 August 2009 New Zealand Parliament (2007) „Estimates debate - in committee‟, Parliamentary Debates (Hansard), 17 July Newbold G (2005) „Women Officers Working in Men‟s Prisons‟, Social Policy Journal of New Zealand, Issue 25, pp 105-117 Newbold G (2008) „Another One Bites the Dust: Recent Initiatives in Correctional Reform in New Zealand‟, The Australian and New Zealand Journal of Criminology, Vol 41, No 3, pp 384-401 Nowak M (2009) „Fact-Finding on Torture and Ill-Treatment and Conditions of Detention‟, Journal of Human Rights Practice, Vol 1, No 1, pp 101-119 NZPA (2008) Officers, Mentally Ill in Danger of Prison Overcrowding: Union, 3 December 2008 NZPA (2008b) Prison Staff Corruption Probe Extended, 21 August 2008 NZPA (2009) Auckland Prison „Putrid‟, Aust Union Leader Says, 13 March 2009 NZPA (2009b) Container Cells for Rimutaka Prison, 27 August 2009 NZPA (2010) Ex-con help service funding cut astounds top lawyer, February 26, 2010 Office of the Auditor-General (2008) Mental Health Services for Prisoners: Performance Audit Report Wellington: Office of the Auditor-General OICSWA, Office of the Inspector of Custodial Services Western Australia (2002) Report of an Announced Inspection of Casuarina Prison, October 2001, Perth: OICSWA Ombudsmen‟s Office (2005) Ombudsmen‟s Investigation of the Department of Corrections in Relation to the Detention and Treatment of Prisoners Wellington: Ombudsmen‟s Office Ombudsmen‟s Office (2007) Report of Mel Smith, Ombudsman, Following a Reference by the Prime Minister under Section 13(5) of The Ombudsmen Act 1975 for an Investigation into Issues involving the Criminal Justice Sector Wellington: Ombudsmen‟s Office 155
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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
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9. Protection Measures This section
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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 150 and 151: HM Chief Inspector of Prisons (2009
Page 152 and 153: Liebling A (2006) „Suicides in Pr
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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