Human Rights and Prisons - Rethinking Crime and Punishment

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azor blade policy, under which high security, remand and youth prisoners are not permitted to keep blades within their cells) have assisted here. There are now also 14 „At Risk Units‟ within the prison estate. These units are staffed by on-site registered nurses with mental health training and visiting psychiatrists. Despite these positive advances, further attention to how certain cultural and institutional practices – that may underpin suicide attempts, or prevent prisoners from seeking help – could be mitigated would be valuable. 82
8. Treatment and Protection of Specific Groups 8.1 Children and Young People It is twenty years since the introduction into New Zealand law of the Children, Young Persons and Their Families Act 1989 (CYPFA). This Act has played a role in increasing diversion, decreasing the numbers of Youth Court cases, and decreasing the rates of incarceration for children/young people. In terms of imprisoning children/young people, therefore, New Zealand has come a long way and is often regarded, at an international level, as a leading light in approaches to children/young people who are „in trouble‟. This section deals specifically with those children and young people who are detained by the Department of Corrections. However, those under 17 are generally also detained at three youth justice residences (in Wiri, Palmerston North and Rolleston) that can currently accommodate 108 persons. In 2008, construction also began on a new 40-bed youth justice residence in Rotorua. Youth justice residences, operationalised by Child, Youth and Family Services, have different regulations, policies and practices from Correctional facilities. There is very little publicly available literature on these residences and further research in this area would be very welcome. Law and policy framework In New Zealand, children can be sentenced to adult prison from the age of 15. Corrections can be responsible for those aged 15 or 16 if they have been convicted of serious offences or if they cannot be safely housed in a youth residence (Department of Corrections, 2008). Most children/young people within prisons will, however, be 17 or older. The Corrections Regulations 2005 require prisoners under the age of 18 to be separated from adults (r179), although the mixing of prisoners under 18 with those aged 18 or 19 may be approved where „it is in the best interests of the prisoners concerned‟ (r180). A „Test of Best Interest‟ has been developed for this purpose (PSOM, M.03.01). The Corrections Regulations also provide that young prisoners are entitled to an additional weekly phone call (r181), that visiting times for young prisoners should be as flexible as possible (r182), and that an adult nominated by the child/young person is contacted if they are subject to segregation or cell confinement (r183). Within Youth Units, young male prisoners will not be subject to doublebunking, unless it is required for „prisoner management purposes‟ (PSOM, M.03.01.03.06) such as when staff feel that a prisoner would benefit from being „buddied up‟ with another prisoner. „Buddying up‟ is a temporary arrangement that should only last a few days. 83
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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
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 70 and 71: when a prisoner‟s mental health d
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 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
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to be provoked must be assessed obj
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Distinction Between Prison Discipli
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to protect complainants who allege
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Refusal To Attend A Funeral Can Be
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Treatment Example Of Degrading Trea
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Mandatory Life Imprisonment Without
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Brennan N (2010) „Prison Staff to
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Coyle A and Stern V (2004) „Capti
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Treatment or Punishment, In the Mat
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HM Chief Inspector of Prisons (2009
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Liebling A (2006) „Suicides in Pr
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Ministry of Justice (2007) Conventi
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Ombudsmen‟s Office (2007b) Invest
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Sachdev S (2008) „Private Punishm
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Tolmie J (2007) „Women and the Cr
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Human Rights and Prisons - Rethinking Crime and Punishment

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