allowed to have some personal belongings with them including the means to
study and/or do some writing.
■ T
he ‘time out’ rooms at the youth justice residence are identical to Secure
Care rooms and should be identified as such. These rooms must not be used as
overflow due to shortage of beds.
To the police
■ T
hough it is only intended for short stays, the physical environment in the
custody suite at Wellington police meant that it was not fit for purpose, and
should be decommissioned as soon as possible. Until that time, cell walls
should be cleared of graffiti, ventilation and temperature control improved,
and internal practice changes put in place as per the recommendations below,
to ensure that minimum standards are met for all detainees.
■ D
etainees should be offered, as a minimum, a shower and an opportunity to
get one hour of fresh air and exercise each day, and an opportunity to make a
personal telephone call. Detainees should also be offered reading and writing
materials, appropriate to their needs and abilities.
■ D
etainees should be provided with a sufficient quantity of clean bedding,
including a sufficient number of blankets to keep them warm. Where
necessary, these can be tear-proof.
■ T
he number of people with mental health issues amongst those subjected
to the application of restraints and the apparent prevalence of the use of
restraints with people of ethnic minority groups need to be looked into in
more detail as a matter of urgency.
■ R
estraint chairs are inherently degrading and their use could be considered
to breach the prohibition against cruel and inhuman or degrading treatment
or punishment. Their use should be abolished and alternative, less restrictive
methods used.
■ T
he use of force and the application of restraint should be proportionate to
the risk or threat posed, and reserved as a last resort. If, as we were told, the
use of more restrictive forms of restraint is symptomatic of difficulties dealing
with detainees in crisis who require urgent psychiatric assistance, but this is
not available, then the systemic reasons for this need to be urgently addressed
by the relevant authorities. As a general rule, police cells are inappropriate
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