Human Rights and Prisons - Rethinking Crime and Punishment

More documents

Recommendations

Info

when a prisoner‟s mental health deteriorates. Further planning and consultation, to focus on prisoners‟ needs for rehabilitation, is required. Fragmented Data – It has been noted that data on prisoners with mental health needs could be recorded by Corrections in a more systematic way. Information systems could also be improved in terms of prisoner transfer – as prisoners can lose information between prisons (Office of the Auditor-General, 2008). A mental health screening tool has been developed and trialled, and its implementation will begin during 2011/12. This, together with further periodic screening of those held for more than one year, could improve quality data issues (Human Rights Commission, 2009). Overall, those with mental health concerns do not have their needs adequately addressed by the prison service. In addition, prisoners with mental illness „are more likely to violate prison rules leading to disciplinary hearings, inappropriate sanctions and segregation‟ (Birgden and Perlin, 2008). This can mean that these prisoners are more likely to be regarded as a „control problem‟ rather than a population „in need‟. Many staff will however spend their working lives engaged in supporting and providing crisis management for prisoners with mental illness. Nonetheless, despite their best efforts, prisons are not essentially therapeutic places. Prisons are, of course, a cheaper option than providing specialist care; however, they regularly do not offer the right kind of care that is required for many sick and ill people (Owers, 2006b). Many of those with mental health problems would have their needs (health, psychological and re-offending) addressed in a more effective way through a medical or social environment (Roberts and Cobb, 2008). 70
7. Treatment 7.1 Torture and Ill-Treatment Law and policy framework The Corrections Act states that the purposes of the corrections system include that sentences are administered in a „safe, secure, humane and effective manner‟ (s5(1)(a)) and refers to the UN Standard Minimum Rules as part of the basis of correctional facilities (s5(1)(b)). The Act also states that the corrections system must ensure the fair treatment of prisoners (s6(1)(g)) and that „sentences and orders must not be administered more restrictively than is reasonably necessary to ensure the maintenance of the law and the safety of the public, corrections staff, and persons under control or supervision‟ (ibid). The role of prison managers and officers includes „ensuring the safe custody and welfare of prisoners received in the prison‟ (s12(b), 14(1)(a)). The New Zealand Bill of Rights Act (s9) establishes that „Everyone has the right not to be subject to torture, or to cruel, degrading, or disproportionately severe treatment or punishment‟. This asserts New Zealand‟s international obligations with regards to the UN Convention against Torture. The NZBORA also states (s23(5)) that „Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person‟. Issues Following on from the violations through the Behaviour Management Regime and the Canterbury Emergency Response Unit, the Corrections Department and staff have been noted to „have moved on‟ from such institutional illtreatment of prisoners and inappropriate staff conduct (Ombudsmen‟s Office, 2005:4). Currently, prosecutions of alleged acts of torture can be undermined by the „public interest‟ discretion of the Attorney-General and police. The UN Committee Against Torture (2009) has recommended that where there is reasonable ground to believe that torture has been committed, investigations should commence immediately. 7.2 Use of Force, Weapons or Restraints Law and policy framework The Corrections Act (ss83-88) regulates the use of force, weapons and restraints. The use of force by prison officers is prohibited except where there are reasonable grounds to believe that it is necessary for: self defence, protection from injury, in an escape, prevention of damage to property, or where there is active or passive resistance to a lawful order (s83(1)). 71
Page 2 and 3:
Contact the Human Rights Commission
Page 4 and 5:
10. Staff .........................
Page 6 and 7:
Executive Summary This literature r
Page 8 and 9:
are concerns about educational prov
Page 10 and 11:
2. The Cultural and Legal Context R
Page 12 and 13:
this context, the law is one crucia
Page 14 and 15:
Significant New Zealand case law ha
Page 16 and 17:
Reconviction and reimprisonment rat
Page 18 and 19:
dominance of custody is also assert
Page 20 and 21: On a financial level, this increasi
Page 22 and 23: Zealand „will offer savings of be
Page 24 and 25: In response to such criticisms, the
Page 26 and 27: For instance, overseas studies (Cra
Page 28 and 29: surveillance, control and managemen
Page 30 and 31: 4. Material Conditions Material con
Page 32 and 33: Issues The accommodation for prison
Page 34 and 35: However, it has been used for perio
Page 36 and 37: Health dietician who provides input
Page 38 and 39: 5. Activities Law and policy framew
Page 40 and 41: across the penal estate (and within
Page 42 and 43: Sex Offender Treatment Programme -
Page 44 and 45: That „therapunitive‟ prisons re
Page 46 and 47: The consolidation of programmes tha
Page 48 and 49: Educational Achievement (NCEA); Sec
Page 50 and 51: Ultimately, she argues for the esta
Page 52 and 53: up to five minutes per week (s77(3)
Page 54 and 55: Issues Volunteers can provide a who
Page 56 and 57: There are concerns about telephone
Page 58 and 59: The use of temporary release so tha
Page 60 and 61: Reintegration Unit - currently avai
Page 62 and 63: 6. Health Services Law and policy f
Page 64 and 65: In reply to such long-lived argumen
Page 66 and 67: suggests that Corrections staff are
Page 68 and 69: Applications for the compulsory ass
Page 72 and 73: 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 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 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
show all

Human Rights and Prisons - Rethinking Crime and Punishment

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?