No silver bullet for prison issue

Inmate numbers have tripled since 1987 and the growth far outstrips the crime rate. Laura Walters analyses the political moves behind this spike.

The Labour-led Government is caught between a rock and a hard place when it comes to its big promises on law and order reform.

The country’s prison system is at breaking point, with a prison muster of more than 10,500, and some institutions being over capacity.

Since 2013, the national muster has increased by almost 20 per cent – it’s tripled since 1987, and grown six times faster than the general population.

The Government has promised to reduce the prison population by 30 per cent in 15 years – something Corrections Minister Kelvin Davis says will take that entire period.

It’s understood the Government plans to establish another working group and hold a summit later in the year, ahead of announcing any major legislative changes.

To deliver on its promise, and be the truly ‘‘transitional government’’ it says it is, Prime Minister Jacinda Ardern and her team are scrutinising bail and parole laws plus sentencing.

But this gives their National Opposition ammunition when it comes to the coalition’s ‘‘soft on crime’’ attacks.

The Labour-led Government will either have to find a way to weather those attacks and get its coalition partners onside, or accept an out-of-control muster and build the mega-prison that none of them want.

How did we get here?

Bail laws were hardened in 2013; the constant calls of ‘‘tough on crime’’ grew louder following the murder of Christie Marceau – her killer Akshay Anand Chand was on bail when he killed her.

It wasn’t just National and ACT – the party behind the three strikes’ law – Labour wanted desperately to talk about its hardline approach.

During debate over the Bail Amendment Act in 2013, nowJustice Minister Andrew Little spoke in support of the changes.

However, the advice provided to National at the time, and on which Labour based its support, turned out to be drastically wrong.

The changes were expected to affect about 350 people a year, and mean a further 50 prison beds would be needed.

In reality, the number of remand prisoners – those awaiting trial or sentencing – has almost doubled since the laws came into effect.

Remand prisoners now make up 30 per cent of the population.

What does the future look like?

To meet its ambitious goal, the Government needs to go full reform. Bail laws need changing, the parole situation needs changing, sentencing laws might need changing, serious crime needs to drop, rehabilitation and resettlement services must be improved and widely available, while those eligible for bail or parole need suitable housing.

Countries in Europe, including Finland and Germany, and American states have made similar changes, leading to reduced prison populations, and lower re-offending rates.

The fear – one which politicians play on – is the perceived risk to public safety.

Corrections Minister Kelvin Davis says while some people hold misconceptions about public safety, most people want to see prisoners rehabilitated and supported.

The Government is ‘‘leaving no stone unturned’’ when it comes to finding a solution to New Zealand’s prison problem but ‘‘there’s no silver bullet’’.

Tough on crime

Mike Williams, a former Labour Party president and head of penal reform organisation the Howard League, says National will try to make political capital from the situation.

And that’s exactly what National leader Simon Bridges is doing.

Since coming into Opposition, National has filed a barrage of private member’s bills on law and order.

It’s had one bill wanting harsher penalties for synthetic cannabis suppliers and manufacturers; another seeking an end to concurrent sentencing for serious offenders; and another to eradicate guns for gangs while extending police search and seizure powers.

National’s tactic worked for its first bill to come before the House – the psychoactive substances amendment bill passed its first reading, backed by NZ First.

Can Labour please everyone?

Kelvin Davis was hoping to get cross-party support for justice and Corrections reforms but that looks highly unlikely.

He knows he will have the Green Party onside but what about NZ First? ‘‘You’d have to talk to NZ First,’’ he says.

Williams thinks NZ First will support changes to the broken, and unfair, justice system more than some may think.

Its MPs don’t want to have to build the Waikeria mega-prison planned by National and Williams reckons they would also support a policy – first suggested by ACT – to reduce prison sentences for people who gain literacy and other skills while incarcerated.