Treatment of Unconvicted Prisoners.

Evening Post, Volume XXXII, Issue 22, 12 June 1886, Page 4

Treatment of Unconvicted Prisoners.

On Wednesday last Dr. Newman, on behalf of Mr. Oeo. Fisher, moved for copies of all correspondence between the Minister of JuHtico and tho Visiting Justice!) of tho Terrace Gaol, Wellingtor, with referenco to tho treatment of unconvicted prisoners. The correspondence was at once laid on the table. Tho firdt document is an extract from a report «i|f«ed by Messrs. E. Pearce, J. DranHficld, and J. Dutbio, Yiaitinjf Justices, and dated February 12th 1880. It runs thus :—": — " (C) With regard to prisoners confined for safo custody only, we latoly disuorored that men so conflnod were locked up in their colly for twenty hours each day, they being-allowed only two hours' exercise in a yard, each {pronoon and aftornoon. Now wo hold that clause 14 of tho Act in set asido by each treatment. By that elauso, and especially by sub-section 4, it is clear that unoouvioted prisoners should bo treated in such a manner an to make their conflncmont as little as possible oppressive, and wo havo accordingly directed Mr. Garvoy f b alter tho practice to which we alluded, and which ban come into force since ho took charge" Tho next letter is from Messrs. Pearco and Dransfiohl, and is datod 12th April. It points out that tho Justices had not been favoured with a reply to thoir former communication, and proceeds :—": — " It has como to our knowledge that in answer to a communication from tho gaoler on tho samo Hubjoct, you have oruerod that such prisoners [unoouvioted] shall only bo permittud oxeroiso for two hours forenoon and afternoon, as provided by section 20 of the Kegulations of 1883. You havo by thoso instructions ordered Mr. Garvey to disregard the directions wo gavo him, and of which we inforaod you iv our lettor. Wo venture to submit that clause 20 of the Regulations 'applies to conviots only, and that to keep persons unconvioted of orimo, and in law presumably innocent, locked up in colls for 20 ont of 24 hours of evory day ia not treating thorn in such a manner oh to make thoir confinement ' an little as poAslblo opproosivo,' due regard only being paid to thoir ' safe cub tody, 1 as roqmred by clauso 14 of the Act. You will, wo hope, pardon us for saying that our duty in not limited to tho support of tho officers and tho maintenance of discipline ; we are also bound to bco that prisoners are treated in accordance with the law. In short, wo hold that a Visiting Justice sliouk not only bo 'a terror to evil doers' but a protection to thoso who in confinement aro unable to protect themselves. Wo bog you to tako ouv representations into consideration, and to favour ns with a reply. It seems to us to bo hardly eourteouK to gantlomeu holding the position of Justices that thoy should only jbe answored indirectly by a memorandum addrossod to the gaolor." On tho 15th April tho Minister, in reply, through Captain Humo, rogrotted that the Justices should havo construed Ids delay in atknowledging tho roooipt of their " annual report " as in any way owing to discourtesy on his part. Tho report woh a. statutory one and did not "appear to call for any special or immediato reply. ' ' As regards tho Justices' instructions to tho gaoler, and which ho communicated in the discharge of his duty, to tho Minister, tho latter doomed it incumbent on him to proteot that officer from any apparent wilful disregard of the instructions of tho Justices, until tho wholo matter had been considered, particularly as, in giving directions to tho gaolor, thoy did not stato under what clause of the Act or rofrulationH thoy did so. The Minister informed tho Justices that " it is impossible to allow tho unconvicted prisoners more oxeroiso without inoroasing tho staff and going to considerable oxponso in making another exorcise yard ; an outlay which he does not feel justified m incurring at present." Mr. Tole disagreed with the Justicos' interpretation of rogulation No. 20, " as it distinctly states ' ovory person not employed at hard labour,' io. The lettor then wont on to say that the quostion of exercise seemed to bo purely a, medical one, and tho regulations provided for the medical officer's directions in reference to the matter being oboyed. No other complaints beside the one made by the Justices in quostion having boon rocoivod from any part of tho colon j, and as this was a patter of additional expense, tho Minister directed the local visiting justices to forward a list of the unconvicted prisoners whose complaints might have influenced thorn in making tho .minute under disoussion, in order that enquiry might bo made into the merits of the complaints. The special attention of justices was drawn to the fact that the regulations now in force gave tho surgeon power to grant more exercise, while the regulations of 1873 gave him no such discretion. With regard to tho present limited accommodation in the Terrace Prison, it appeared to tho Minister that as far as tho more decent class of prisoners was concerned, the less they woro herded in tho yards with habitual criminals, tho less oppressive tho necessary dotontion was likoly to be. There would have been no misconception, Mr. Tole stated, if tho Justices hmd acted in accordance with the regulations, particularly No. 157. Thore could be no urgency for altering a regulation which had beon in force, without complaint or remonstrance, sinco March, 1884— a poriod of more than 11 yqars. On tho following day Messrs. Pearoe and Dransfleld wrote, reiterating their statoment that tho treatment meted out to unconvioted prisoners was contrary to law. Thoy did not admit that to do what tho law required would necessitate an inoroaso in tho staff, nor if a fact, would it justify tho treatment of which they complained. Tho treatment of unoonviotod prisoners had been more oppressive since Mr. Garvey took charge than previously. Thoy did not feel called upon to supply a list of the unconvictod prisoners who have complained, it being, they considered, guffioiont that thoy had drawn attention to an abuse — ono which thoy had attempted to remove, but which was still in force. The abuse, they asserted, did not exist till within the past twelve months. On tho 12th May Captain Hume wrote stating that the Minister had givon the fullest consideration to the contents of tho lotter re the treatment of unconvicted prisoners, and was of opinion that such treatment is not unlawful; that regulation 20 applied to all prisoners whether conyioted or not, and that tho Justices' direction to tho Gaoler was illegal. In this view he was supported by tho opinion of the Crown law officers. Tho Minister stated that tho present regulation was more el&stio than it was in previous years, and he considered it strange that during a poriod of nearly eleven years the oauso for tho Justioos' present opinion had not manifested itself. _ The Minister was undor the impression that there was no real grievance, and that, therefore, there did not at present appoar to bo sufficient grounds for any modification of tho rule further than was containod in it. While the Minister would always be happy to give his best attention to^any matter brought before him, he conW not pormit any infraction of the rules, by whomsoever authorised.