Police: 2017 recommendations
P1
Though 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.
P2
Detainees 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.
P3
Detainees 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.
P4
The 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.
P5
Restraint 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.
P6
The 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 for the mentally unwell and the emphasis
needs to be put on the provision of adequate facilities and services for them, rather
than using police custody as a place of safety using police custody as a place of safety,
just because it is there and there is an absence of anything more appropriate.
P7
Records of the use of restraints should include the use of high-risk (strip) cells, and
clearly state the start and end time of the application of restraint and/or placement in
a high-risk cell.
P8
Body searches must be carried out in private, and not conducted on the general CCTV
feed which can be viewed by anyone in the control room.
P9
Police cells are inappropriate for longer stays and should only be used as overflow for
housing remanded prisoners in exceptional circumstances. Where stays are longer,
conditions and access to activities need to be substantially enhanced.
54