19 March 2008

An Anniversary To Be Ashamed Of

February 2008 marked the first anniversary of the use of the City Watch House to hold remand prisoners.

The fact that there has been so little outcry about this is a sad reflection on our society.

No matter how much people might want the guilty to be punished, this is about the way we treat the innocent.

To our eternal shame. And the minister admits this may continue for several years.

When a person is first remanded in custody is precisely the time they need contact with loved ones the most, and yet there are no family visits allowed. No proper access to exercise or to education. Correctional services has even had to resort to handing out nicotine patches.

The details are covered in the 2007 Correctional Services Annual Report (2.3Mb pdf).

With the new gaols not due until 2011, and a Government that seems intent on imprisoning more people and for longer periods, something will need to be done soon.

4 March 2008

Mental Health and Crime

A recent case has highlighted some of the problems with the "Mental Impairment" provisions of the Criminal Law Consolidation Act.

The provisions provide that the period of any supervision order has to be set by reference to the crime and not to the particular person involved. (s269O)

So someone with a very serious mental health issue that poses a danger to themselves and others, who does something that is minor, only gets a short limitation period.

Someone who is no real danger, but does something more serious gets a long limitation period.

The Court has no power to extend the period of the order even where someone is not complying with the conditions of the order!

It is time for the Government to revisit these provisions.