cells. This has included making greater use of, and
providing more suitable facilities within, hospital
emergency departments.
This work has had a major impact on practice
throughout the country. The number of nonoffenders detained in Police cells for a mental health
assessment has fallen from 4,995 in 2014 to 2,756
in 2016, and this is forecast to drop further to
2,324 in 2017. That represents a 53.5% reduction
in three years.
Over the last 12 months there has been one
welcome development which should result in further
improvements to practice. The Ministry of Health
has funded the development and implementation
of a Mental Health Response Triage Line to take
non-critical mental health calls from Police and
Ambulance communication centres that connects
the caller to registered nurses with specialist health
knowledge who can provide assistance. This service
should reduce the need for attendance at incidents
involving mentally impaired persons where no
emergency response is required.
Court cells
The Authority has continued to monitor progress
in addressing the substandard physical conditions
of Court cells throughout the country. These pose a
significant risk to prisoner safety, and often also pose
hazardous working conditions for staff.
Over the course of the year the Ministry of Justice
has been working through the implementation of
a remediation programme that has been prioritised
according to areas of greatest need. This is designed
to modernise cell conditions to the extent that
resources allow and to remove obvious areas of risk
such as ligature points that provide opportunities for
self-harm.
Progress in implementing the remediation
programme has been slow. The Authority recognises
that the remediation programme requires the
investment of substantial resources and will
therefore take some time to complete. However, it
has had discussions with the Ministry of Justice to
seek more rapid progress and is pleased to report that
the remediation programme is being expedited.
28
Youth in police cells
In the year to April 2017, 168 children and youths
were remanded in police custody. Of those, 127 spent
more than 24 hours in police cells.34 In some cases,
these remands were for prolonged periods. In June
2017 it was reported that a 16-year-old boy spent his
third night in an Auckland police cell.35 In the same
month a 14-year-old spent four days in police cells in
Christchurch. The Judge was so concerned she visited
the cell and informed authorities that they needed to
find appropriate accommodation.36
These young people (aged 17 and under) are
vulnerable. Police cells are not an appropriate
environment for them. Young people in these
circumstances have reported being treated as an adult
rather than a young person, being treated unfairly,
having force used on them, feeling discriminated
against, and not having their medical and/or mental
health needs met.37 Police cells are unlikely to provide
adequate hygiene facilities, appropriate support,
adequate food, fresh air, and natural light. Because
these young people are being held in a police cell
and are legally unable to be held with adults, they
are effectively in solitary confinement. This can
lead to physical, mental, and emotional harm.38 The
experiences of young people in Police detention are
inconsistent with the right to be protected from cruel,
inhuman, or degrading treatment.
As a general rule, if a young person needs to be
detained they should be held in accommodation
appropriate for young people.
The Authority has had discussions with other agencies
about this issue and will continue to monitor whether
appropriate steps are being taken to minimise the
number of young people in Police cells.
Engagement
New Zealand Police
The Authority engaged with Police during this
reporting year through site visits and its consideration
of complaints by members of the public, and by
referrals from the Police where there has been a
death or serious injury occurring in Police custody.
Human Rights Commission
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