Human Rights and Prisons

9.2 Registers

Law and policy framework

The Corrections Act (s37) requires that no person may be received in a prison without a valid committal order. In addition, a number of provisions in the Act and Regulations detail the reporting requirements with regard to prisoner reception, movements and the reporting of incidents.

On arrival, a prisoner may be photographed, have their measurements taken, their fingerprints taken, and undergo any prescribed procedure (excluding bodily samples) to enable their subsequent identification (Corrections Act, s41). If force is employed to gain this record, this (together with any use of weapons or restraints) must be reported (s88). If a prisoner is subsequently acquitted, all records must be destroyed.

The prison manager must keep a register of prisoners that includes details about prisoner identity, authority for their detention, date and time of their reception and, if applicable, details of the offences for which they have been committed, details of their transfers, details of remand periods and ‘any other particulars the chief executive requires’ (Corrections Regulations, r21(f)).

During any searches, if any unauthorised items is found, staff must report the details of the discovery to their supervisor or prison manager. If a strip search is undertaken, officers must report the details of the search (ie, the reasons and details of any unauthorised items) (s102).

If a mechanical restraint (other than the use of handcuffs/waist restraint during escorts) is used on a prisoner, this must be promptly reported to the manager. A written record must be kept, and forwarded to the chief executive. It must also be reported to a Visiting Justice or monitor (r127). Similarly, if an officer uses force or a non-lethal weapon, this must be promptly reported to the prison manager or prison employer, and a written record kept and forwarded to the chief executive (r128). All records of these incidents must include details on date, time and location of the incident, name of the prisoner, name of involved staff members, name of staff who gave approval, the circumstances of the incident, detail on the type of force/weapon/restraint used, details of the prisoner’s examination by a registered health professional and outcome of the incident (r129).
With regards to medical records, prisoner medical records (including dental records) must be kept securely and are not to be treated as part of the prison records (s165).

Issues

Aside from recommendations from the NZ Coroner with regards to medical records (see section 6.2), there does not appear to be publicly available documentation on recording and registers.

9.3 Disciplinary Procedures

Law and policy framework

The Corrections Act and associated Regulations set out disciplinary processes, including providing for: written notice of charges; provision of relevant incident reports; provision of writing materials to prepare defence; facilitating contact with someone helping prepare the defence and contact with legal advisor; ensuring the prisoner understands and participates in the hearing; opportunity to be heard, cross-examine witnesses and evidence.
Subpart Five of the Corrections Act deals directly with offences. It highlights the range of offences ‘against discipline’ that includes: disobeying lawful orders from staff¹³; behaving in an intimidatory, abusive or offensive manner; assaulting or fighting; communicating with persons without authority; being absent from cell/work/other place without permission or reasonable excuse; having links to articles without approval; deliberately damaging or destroying prison property, or losing property due to negligence/improper conduct; obstructing officers; making false allegations knowingly; endangering the security or good order of the prison; escaping from detention; refusing to undergo prescribed identification processes; or using drugs or alcohol.
If a prisoner is charged with a disciplinary offence, they must receive written notice of the charge promptly. If a notice has not been given with seven days, prisoners can apply to the Prison Inspector to dismiss a charge. This application can also be undertaken if a hearing is not held within 14 days, or if an adjourned hearing is not heard within 21 days. For drug offences, hearing dates must accommodate a prisoner to have independent urinalysis.
Hearings must always be attended by the charged prisoner, who is entitled to be heard and to cross-examine any witness (this can be undertaken by video-link). Prisoners also have a right to gain assistance (such as a support person) for the hearing. Prisoners have the right to appeal any decisions to the Visiting Justice, and to seek further legal advice and support during any subsequent hearing.
Penalties that may be imposed include: forfeiture of privileges, forfeiture of earnings, cell confinement, and court charges. Forfeited privileges include: the opportunity to be in common areas or to make a telephone call following the evening meal; participating in a recreational activity/hobby/course/programme that is not part of the prisoner’s management plan; use of electronic or multi-media equipment; use of musical instrument; purchase of any non-essential items. In the case of cell confinement, cells must be specifically designated, medical officers must be informed of cell confinement, and the manager (or representative) must pay daily visits to the confined prisoner. Further policies and procedures are contained in PSOM (MC.01-MC.04, Misconduct).

Issues

The Ombudsmen’s Office (2005:31) noted that some prisoners complained that ‘general punishment had been imposed upon their entire unit as a result of the actions of one/few fellow prisoners’. Further, this report highlighted that some prisoners were not told that they have been placed on Incident Report (and only found out that this was the case when they arrived at Parole Board). In the year to the end of June 2009, the Ombudsmen’s Office received 337 complaints about prisoner discipline and misconduct. Many of the formal complaints, received by the Inspectors of Corrections in 2008/2009, also related to the timeliness of disciplinary charges. Further research in this area would be useful.