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Human Rights and Prisons - Rethinking Crime and Punishment

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4. Material Conditions<br />

Material conditions are very important to the prisoner experience. After all,<br />

during incarceration, prisoners lose the ability to influence matters that greatly<br />

affect their well-being <strong>and</strong> health, including their access to fresh air, food,<br />

water, sanitary facilities, heating or decent clothing (Nowak, 2009).<br />

Law <strong>and</strong> policy framework<br />

The Corrections Act 2005 details its compliance with the United Nations<br />

St<strong>and</strong>ard Minimum Rules for the Treatment of Prisoners. Sections 70 to 78 of<br />

the Act establish the minimum entitlements that prisoners can expect. These<br />

include:<br />

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Physical exercise – at least one hour per day in the open air, weather<br />

permitting;<br />

A separate bed/mattress <strong>and</strong> sufficient clean bedding for warmth,<br />

health <strong>and</strong> reasonable comfort;<br />

Food <strong>and</strong> drink – a sufficient quantity of wholesome food <strong>and</strong> drink<br />

(based on the food <strong>and</strong> nutritional guidelines issued by the Ministry of<br />

Health <strong>and</strong> drinking water st<strong>and</strong>ards); as far as practicable, allowing for<br />

religious, spiritual, medical <strong>and</strong> cultural needs;<br />

Access to private visitors – at least one private visitor per week for a<br />

minimum of 30 minutes (all visitors are to be approved through an<br />

application process);<br />

Access to statutory visitors <strong>and</strong> specified visitors – which include<br />

Inspectors, Ombudsmen or Visiting Justices, consular representatives,<br />

MPs <strong>and</strong> members of the <strong>Human</strong> <strong>Rights</strong> Commission;<br />

Access to legal advisors – they may visit at any time; if the proposed<br />

time is unsuitable, the manager must nominate a reasonable,<br />

alternative time; interviews must be out of hearing of others <strong>and</strong> (with<br />

prison manager‟s agreement) out of sight of others;<br />

Medical treatment – entitled to receive medical treatment that is<br />

reasonably necessary; the st<strong>and</strong>ard of health care must be reasonably<br />

equivalent to that available to the public;<br />

To send <strong>and</strong> receive mail – may send/receive as much mail as prisoner<br />

wishes, subject to some restrictions;<br />

To make outgoing telephone calls – at least one outgoing call of up to<br />

five minutes per week, at prisoner‟s own expense;<br />

30

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