CAT/OP/NZL/1/Add.1
109. In regards to cleanliness at Mt Eden Prison, managing prisoner movements and
maintaining expected cell cleanliness standards is an ongoing challenge given the often
transient nature of newly remanded prisoners. A process involving daily cell and yard
inspections and a cleaning schedule has been put in place to address this issue.
Communication between prisoners and lawyers
110. All prisoners are provided the opportunity to communicate with their lawyers or
have the ability to see a duty visiting lawyer. In regards to the report, the impediments to
appropriate communication between prisoners and their lawyers at Auckland Prison are not
outlined by the Subcommittee. However, modifications have been made to the visit room
which will allow documents to be passed directly from lawyers to prisoners where
appropriate.
D.
Institutions for children and adolescents
Youth Crime Action Plan
111. In October 2013 the New Zealand Government announced the Youth Crime Action
Plan (YCAP) which aims to reduce the escalation of young people into and through the
youth justice system. One action within YCAP supporting this is a reduction in the use of
custodial remands. In line with YCAP, there are no plans to increase the capacity of our
Youth Justice Residences, but instead YCAP has a number of actions, such as increased use
of Supported Bail and Electronically Monitored Bail; and the development of an
assessment centre approach to focus on an early return to the community of young people
on custodial remand, where it is safe to do so. We are also working with NZ Police and the
Ministry of Justice on tools to improve the consistency of decision making regarding bail
applications. The YCAP will strongly encourage a reduction of the total number, and
average length, of young people remanded through the Youth Court to Youth Justice
Residences.
The Joint Thematic Review of Young Persons in Police Detention
112. The Joint Thematic Review of Young Persons in Police Detention was conducted by
the Independent Police Conduct Authority; the Office of the Children’s Commissioner and
the Human Rights Commission and is the first joint review to be done as part of the
independent monitoring mandate under the Optional Protocol to the Convention Against
Torture in New Zealand. This report was released in October 2012, while in November
2012 a joint NZ Police/Child, Youth and Family work plan responding to the Thematic
Review recommendations was agreed.
113. The joint Police/Child, Youth and Family Action Plan in response to the Joint
Thematic Review aims to reduce the number of young people placed into Police custody
for over 24 hours. For those young people who are placed into Police custody, the total
duration for each young person will be minimal, the young people will remain in an
appropriate environment, and the services delivered to each young person will ensure their
safety and wellbeing. The Children, Young Persons, and Their Families Act 1989 require a
section 236 Joint Certificate for the continued detention of a young person in Police
custody for more than 24 hours and until appearance before the Youth Court.
114. The Joint Thematic Review noted that residential bed capacity was only one of a
number of factors that can lead to a young person being detained in a police cell. The joint
Police/Child, Youth and Family plan addresses each of the 24 recommendations.
115. The number of young people who were detained in Police custody for more than 24
hours has reduced significantly over the last two years.
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