CAT/C/NZL/CO/5 page 4 Juvenile justice 8. While welcoming the statement by the State Party whereby the Department of Corrections built four specialist youth units in male prisons in 2005, the Committee is concerned that juvenile offenders are not systematically separated from adult offenders, and in some cases, are still detained in police cells for several months. Furthermore, the Committee is concerned at the low age of criminal responsibility, and at the fact that special protection under the Children, Young Persons and their Families Act of 1989 is not accorded to all persons under 18 in conflict with the law. The Committee is also concerned that the State party has maintained its reservation to article 37 (c) of the Committee on the Rights of the Child on the mixing of young and adult offenders. (arts. 11 and 16) The State party should (a) Ensure the full implementation of juvenile justice standards as well the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), and consequently raise the age of criminal responsibility in compliance with accepted international standards; (b) Ensure that the Bill amending the Children, Young Persons and their Families Act of 1989 is adopted in order to ensure that all persons under 18 in conflict with the law are accorded special protection; (c) Ensure the availability of sufficient youth facilities so that all juveniles in conflict with the law are held separately from adults in pre-trial detention, as well as after correction; (d) Expedite the changes in legislation and administrative procedures necessary for the withdrawal of its reservation to article 37 (c) of the Convention of the Rights of the Child. Conditions of detention 9. The Committee notes with concern the insufficient number of prison facilities in light of the forecasted growth in prisoners numbers which may lead to inter-prisoners’ violence. The Committee is also concerned at the inadequate provision of mental health care and legal services to mentally ill inmates in prisons. The Committee is concerned at the use by prison authorities of instruments of physical restraint that may cause unnecessary pain and humiliation. (arts. 11 and 16) In order to improve the arrangements for the custody of persons deprived of their liberty, the State party should undertake measures to reduce overcrowding, including consideration of noncustodial forms of detention in line with the United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules), and in the case of children in conflict with the law ensure that detention is only used as a measure of last resort. It should also provide adequate mental health-care and legal services for all persons deprived of their liberty, particularly to inmates suffering from mental illnesses. The State party should keep under constant review the use of instruments of restraint that may cause unnecessary pain and humiliation, and ensure that they are used only when necessary, and that their use is appropriately recorded.