The number of people on custodial remand is projected to grow over the next decade, unless changes are made, and a Te Herenga Waka - Victoria University of Wellington project is looking into what changes are needed to avoid the increase.
The university’s Centre for Justice Innovation will examine laws and practices surrounding pre-trial and pre-sentencing imprisonment in Aotearoa.
It will also look at reasons for delays in the judicial system, particularly for sentencing after convictions, aiming to understand the impacts of bail and custodial remand on the prison population as well as hānau and communities.
Centre Māori co-director Everard Halbert says the disproportionate number of Māori going through the justice system can be reflected in the number of Māori in custodial remand.
Halbert, (Rongowhakaata, Ngāti Tama, Ngāti Whiti) says the impact of custodial remand can be catastrophic, not only for the alleged offender but also their families and even communities.
“People who go on remand, some of them are not going to be found guilty.
“If you are put on remand for whatever reason, and whatever culture you’re from, what impact would that have on your housing, what impact would it have on your job? Because people who are on remand don’t have access to the same kind of support that people who are sentenced have. If you are on remand you are deemed to be short-term but the average time to be on remand is between two months and three months.”
That can have a detrimental effect on people’s mental and spiritual health, Halbert believes and he is keen to find options other than simply keeping people in custody.
Justice delayed is justice denied
Earlier this year, it was reported the court system in Aotearoa had become bogged down with the backlog of cases affected by Covid-19 and an increase in the number of new criminal cases being brought before the Courts.
In August, RNZ reported more than 140,000 court appearances had been delayed since 2020. Then Courts Minister, Rino Tirikatene said in an answer to written question in Parliament, criminal cases were taking 176 days to go through the system, up from 114 days pre-pandemic.
Criminal Bar Association president Chris Wilkinson-Smith told RNZ that, even without Covid-19, the courts were under strain and delays were corrosive for everyone involved.
“We’re supposed to have trials without undue delay which, I think, should mean really between that, from the time you make your first appearance, there should be a trial within a year.”
Wilkinson-Smith also said the association was calling for a deadline to be created for criminal trials, although victims’ advocates said that risked guilty offenders walking free.
Currently, 44% per cent of people in prison (around 3600) are on custodial remand, either awaiting trial or sentencing. By 2032, that is projected to reach 4,700 people or 50 per cent of the population.
Halbert says women’s prisons already have more in custodial remand than sentenced prisoners.
“And particularly that is hard for Māori. As we know, only 17 per cent of the population is making half of those numbers. So half of the number of people on remand are going to be Māori.”
With little independent research information available around the use of bail and custodial remand, Halbert hopes the project can add a strong, impartial and educated voice in support of groups who have called for change for decades.
“The centre just wants to add to those voices that are asking for change and ask what can be done differently.
“There are lots of Māori in the system, outside the system, Māori academics, Māori in the community and our marae, hapū and iwi who have been saying things need to change.”
Addressing misunderstanding of the law
The project also aims to provide public education on custodial remand to enable informed debate on bail laws in Aotearoa.
Former district court judge John Walker is the judicial co-director for the centre. He says developing independent evidence-based advice on strategies to reduce the time people spend in custody is important, “not only for those in prison cells with little or no interventions but also for victims and complainants who are awaiting outcomes.
“The problem is multi-faceted and addressing it requires the multi-disciplinary approach that the Centre for Justice Innovation can provide.”
The project has secured funding of more than $700,000 from the Michael and Suzanne Borrin Foundation, a charity that supports legal research, education and scholarship. The funding will cover two years of research.
