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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