24.
At every stage in the criminal justice process, the outcomes for Māori are generally
more severe than they non-Māori. Māori are less likely to receive diversion or
cautions and are more likely to be sentenced to prison. Māori are more than six times
more likely to be imprisoned than non- Māori. If Māori were imprisoned at the same
rate as non- Māori the total prison population would roughly halve and New
Zealand’s incarceration rate would drop to 20th in the OECD.
25.
As the Working Group on Arbitrary Detention (“WGAD”) acknowledged, it is
important to address those underlying risk factors which increase the likelihood of
exposure to the criminal justice system. The WGAD stated:10
the search needs to continue for creative and integrated solutions to the root causes
which lead to disproportionate incarceration rates of the Māori population.
(Emphasis added)
26.
A crime and crash prevention strategy, The Turning of the Tide,11 sets targets for
reduced Māori offending, repeat offending and apprehensions. The Turning of the
Tide approach is based on developing relationships and partnerships with iwi. It has
proved successful and the Commission understands that it has now been extended
across other areas of the justice system.
MENTAL HEALTH IN DETENTION – ARTICLE 16
27.
The high prevalence of mental health issues amongst people in detention, and their
access to care and treatment in detention are longstanding issues. Sixty to seventy
percent of people in prison have either a learning disability or mental illness.
28.
Despite some very positive developments, such as increased adolescent mental health
services, improved screening for mental health issues in prisons, efforts to reduce
seclusion, and a successful pilot initiative placing mental health nurses in several Police
watch houses, overall, mental health issues in detention remain a concern. An ongoing
concern is that detainees experiencing mental illness should be professionally treated
in a therapeutic environment, rather than managed in a custodial setting.
29.
Police have developed new training packages for both recruit and frontline officers
based on feedback from Mental Health Service User (“MHSU”) groups, and
acknowledged the importance of having MHSU involved in future thinking around
mental health crisis response. Police watch houses with on-site mental health nurses in
two police stations also appear to have resulted in better monitoring and continuity of
care during police custody. The SPT recommended this practice be applied nationally.
10
11
Supra note 23.
http://www.police.govt.nz/sites/default/files/resources/the-turning-of-the-tide-strategy.pdf
11