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The country’s top judge is suggesting giving some prisoners an amnesty as a way of relieving prison overcrowding, but the Government has ruled out the idea. .
“We need to look at direct tools to manage the prison population if overcrowding is not to cause significant safety and human rights issues.
Chief Justice Dame Sian Elias sparked the debate in a speech where she said the controversial idea should be considered.
“Such solutions will not please many.”
Dame Sian pointed to the system working in other countries to prevent overcrowding. . .”
She also criticised the denial of bail and parole to inmates – an area the Government is considering tightening further. but the alternatives and the cost of overcrowding need to be weighed.
Dame Sian said if attitudes in relation to bail and parole were not relaxed, then the focus would have to go on the length of prison sentences.
“I question whether that strategy can reasonably be maintained,” she said.
“Are we ready for solutions such as these?
“If not we will have to keep building prisons and diverting resources into incapacitation.
She said this could result in either shorter sentences, changes to parole and bail laws or early release amnesty. . .
Justice Minister Simon Power said inmates would not get amnesties.,” Dame Sian said.
“This is not government policy.
He also made a pointed remark about the role of the judiciary versus Parliament.”
Mr Power said the Government would “decide its own policy agenda”. The Government was elected to set sentencing policy, judges are appointed to apply it.”
SST spokesperson Garth McVicar was outraged by the idea.
Asked if that could include amnesties, he said: “I have ruled out such a move. . . . start talking about how people have choices and how they choose to commit crime or they don’t and why are so many people choosing to commit crime in this country.
“That seems to me to be a total cop out.”
Mr McVicar said already many offenders received single sentences for multiple crimes.
“Until we get back to holding people accountable for the crimes they commit then ultimately we are going to have more crimes committed.”
An amnesty would dilute the deterrent effect of prisons and was unfair to victims of crime, he said.
“It’s totally, totally corrupt.”
Kim Workman, director of Rethinking Crime and Punishment, said Dame Sian had not suggested anything unusual.
“Over half the states in the USA are currently implementing or planning to implement early release schemes for prisoners to alleviate overcrowding,” he said.
“What they now accept is that it can be done without increasing the recidivism rate or the crime rate. Internationally, there is no proven connection between the crime rate and the rate of imprisonment.”