service users being discharged at short notice because their bed was required for an acute admission. Due to the high demand for beds, a greater number of service users appeared to be sectioned under the Mental Health (Compulsory Assessment and Treatment) Act in order to secure an inpatient bed. Recommendations to the relevant detaining agency were made with the aim of improving the treatment and conditions of service users. Reports, including recommendations, were sent to the Ministry of Health for follow-up and further discussion. The Ministry of Health has acknowledged that ‘the [Act] has shifted emphasis away from determining whether a person should be detained in hospital to the timely consideration of whether treatment for mental disorder is required’. The Ministry has advised that services and targeting of funding are under review. environment where violence and intimidation are common features, and where At Risk Units (ARU) can house highly vulnerable prisoners in settings that are inadequate for their needs, mild or moderate mental illness can be exacerbated during incarceration. There is an urgent need to implement a comprehensive prisons programme for the identification and treatment of mental illness at all levels of severity and acuteness. Prison muster and double bunking A significant number of single cells across the prison estate are in the process of being double-bunked to accommodate the increase in the prison muster. Placing two people in cells designed to hold one can have a detrimental effect on a prisoner’s physical and mental wellbeing, particularly when ancillary services have not been enhanced to deal with the increase. Privacy Looking forward The NPM will be looking to progress some of the key issues detailed below: Prisons Safety There is an obvious and urgent need for the Department to address the levels of violence and intimidation to be found in prisons, particularly in high-security units. Limited staff interaction with high security prisoners, and an insufficient number of constructive activities, result in an atmosphere of boredom and frustration. The Department’s gang management strategy is still in development and anti-bullying measures appear to have been largely ineffective to date. Mental health Unaddressed, or insufficiently addressed, mental health needs among prisoners is a major issue of concern. The Ombudsman has had occasion to highlight the inadequacy of specialist treatment and support for acutely unwell prisoners. Similarly, a large proportion of prisoners who enter prisons with mild to moderate mental health needs often receive little or no therapeutic intervention. In a stressful custodial 20 ARU cells and Separate cells are subject to CCTV monitoring, with the camera footage being displayed in the staff base and in master control. The footage can be viewed by anyone entering the staff base, which presents a significant privacy issue where toilets are unscreened. The policy of having unscreened toilets in the ARU cells means that prison staff (and anyone entering the staff base) can observe, either directly or through camera footage, prisoners undertaking their ablutions or in various stages of undress. The Ombudsman considers this to amount to degrading treatment or punishment for the purpose of the Convention Against Torture. Remand prisoners The regime for remand accused prisoners remains unsatisfactory despite the recommendations made by the United Nations Subcommittee for the Prevention of Torture following its visit to New Zealand in 2013. As such prisoners are not classified, they are by default managed as high security prisoners. Periods of unlock have been reduced and access to constructive activities is limited. Equality and diversity policy Awareness, among prison staff, of the needs and vulnerabilities of groups outside established societal norms is low, a circumstance that is not altogether surprising given the absence of a departmental policy Human Rights Commission

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