CAT/OP/NZL/1 for continued detention. The Subcommittee welcomes the fact that in most police stations it visited, bail was swiftly granted by police officers, when appropriate, avoiding excessive use of police custody. However, it noted that those remanded in custody and those awaiting sentencing could spend lengthy periods in remand prisons and that the periods involved appeared to be getting longer. For example, the Subcommittee documented one case at Mount Eden prison in which a prisoner held on remand for 556 days was subsequently sentenced to 3 years imprisonment. Since the period spent on remand was deducted from the sentence, the detainee had de facto spent virtually his entire sentence on remand, although he would not have been eligible for release as he would not have been able to undertake the mandatory programmes, which are only open to sentenced prisoners. The Subcommittee is concerned that detention on remand is not used only as a measure of last resort and is often unduly prolonged, a situation exacerbated by the conditions of detention (see paragraphs 25 and 91-101). The Subcommittee also notes with concern that there appear to be increasing delays within the Court system which also need to be addressed. 32. The Subcommittee recommends that the State party take appropriate administrative and legislative measures to ensure (a) that pretrial detention is used as the last resort, that is when necessary to prevent the commission of further offences or to ensure the integrity of the trial process; and (b) that the period of pretrial detention is not excessively prolonged. High rates of incarceration and reoffending 33. The Subcommittee notes that the authorities have indicated that there is a significant decline in the overall numbers of recorded offences and prosecutions. It is, however, concerned that this has not led to a reduction in the prison population, which suggests there may be an overuse of custodial sentences. Moreover, given that reoffenders constitute the largest proportion of the prison population, more needs to be done if the ambitious governmental plan to reduce reoffending by 25 per cent by 2017 is to be achieved. The Subcommittee believes that this must include a greater focus on programmes of social reintegration and more active involvement with the Maori community, including strengthening indigenous initiatives and developing community-based Maori programmes specific to the Maori community which are focused on the prevention of reoffending. 34. The Subcommittee recommends that the State party investigate the reasons for the current high incarceration rates and explore the possibility of expanding the use of non-custodial measures. It also recommends that greater emphasis be placed on reintegration programmes, as indicated in paragraph 33 above. Safety and security 35. The Subcommittee heard that as a result of a recent increase in assaults on prison staff, the Corrections Department had introduced a “zero-tolerance approach”. The Subcommittee believes that any such zero-tolerance policy should extend to anyone responsible for assault within prisons and not only be focused on staff safety. It wonders whether the increasingly strict prison regime, including a lack of employment opportunities, lost parole and long hours of lock-down, may have a bearing on increased levels of violence. The Subcommittee itself heard prisoners’ concerns regarding a perceived lack of transparency concerning decisions on security classification and their frustration regarding recent policy changes concerning televisions and smoking, which had not been well explained. Better communication between prison management and detainees might contribute to lessening hostility and improving relations. 36. The Subcommittee recommends that the State party explore the causes of increased prison violence and that its response take account of the safety of both staff 9

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