Record of the 21st APCCA

Specialist Workshops
 

For the first time in the history of the APCCA, the conference in Chiang Mai incorporated two specialist workshops which were conducted simultaneously and thus, with smaller numbers of participants, were able to provide more opportunity for an exchange of views than is possible in the full conference. This development follows the successful presentation of a workshop on classification at the 20th APCCA in Sydney in 2000.

1. Correctional Through-care

The delegation from New Zealand gave a presentation of approximately 25 minutes duration and this was followed by a lively question and discussion session. Mr Mark Byers introduced the presentation, stressing the importance which New Zealand places on an integrated approach to the through-care of prisoners in order to facilitate their transition back into society. Ms Katrina Casey, with contributions from Mr Byers, then presented a paper which outlined the process which has been developed. She noted that this process generally starts with pre-sentence assessments by the Community Probation Service and ends with the person's release to community supervision by the same service. In between, the responsibility for the prisoner's management and rehabilitation lies with the Public Prisons Service. Consequently one of the key correctional management imperatives is to ensure effective collaboration between prison authorities and those responsible for community supervision. The overall aim is to reduce offending through a seamless process from sentencing to release and a process of active management through individualized sentence planning.

As soon as a prisoner enters a prison in New Zealand, the pre-sentence assessment from the Probation Service is available. Following an induction program (which addresses issues such as health and prison rules and regulations), the prisons conduct a further assessment. This draws on the Probation assessment but is more detailed and is geared to the specific issues surrounding the person's period of imprisonment. The assessment examines criminogenic needs, needs related to Maori culture, living, education, employment and reintegration needs, health issues and security classification. Inmates are then streamed into four categories, reflecting different management objectives. The objective with the intervention category is to provide programs to address the causes of offending behaviour. With the motivation category, the aim is to motivate inmates to address offending behaviour. The other categories are maintenance (to minimise the adverse effects of imprisonment) and functional support (to improve the person's functioning so they can be safely managed).

These assessments and classifications then feed into the development of a sentence plan for each prisoner. The four cornerstones are: safe and secure containment; rehabilitation; education and employment; and reintegration and the aim, throughout the sentence, is to work towards the person's release. By placing a high priority on integrated offender management, New Zealand has also developed clear procedures and protocols for collaboration between prisons and a range of community based services. For example, the Community Probation Service has formal agreements with other key government agencies, including the Housing Corporation, Career Services, the Department of Work and Income, Tenancy Services and the Inland Revenue.

Following the presentation by New Zealand, representatives of numerous delegations made contributions or raised matters for discussion (including Singapore, China, Hong Kong (China), Thailand, Australia, Papua New Guinea and the representative from UNAFEI). First, there was general agreement that education and skills training programs should be made available, as necessary, to staff as well as prisoners. Another matter which arose was the need to ensure that people of a suitable caliber are appointed to positions involving sentence planning. In order to address this issue, New Zealand has developed a process whereby qualified psychologists supervise the administration of assessment tools. This is not cheap (it involves some 80 full time psychologists) but is seen as integral to the success of the system. Delegates also discussed whether it is possible for prisons to address the needs of all prisoners. Particular concern was expressed about psychopaths who are not susceptible to treatment. At present, the strategy in New Zealand is to target interventions and programs to those who can benefit from them; consequently, identified psychopaths may well be excluded from treatment programs.

The workshop provided a valuable opportunity for delegates to gather in a less formal setting and to share information on a theme which is of great importance across the region. The New Zealand model provides an excellent example of an integrated approach to through-care and give delegates much to consider. It is clear that models for through-care cannot simply be transplanted and must be adapted to suit local concerns. In this regard, it was interesting that New Zealand had evaluated some Canadian models for the integrated management of offenders but had decided that it needed to develop its own system , especially in view of the particular issues surrounding Maori peoples. However, whilst there will be local variations in the models which are adapted, it is likely that we will see greater uniformity of aims across the region in the next decade.

2. Indigenous Offenders and Restorative Justice

This workshop was presented by Mr Pieter de Vink of Canada who opened his remarks by stating that the current condition of Aboriginal people is an embarrassment to the Canada Government. He explained that when European people first arrived on the West coast of Canada, they were welcomed by the native peoples (who were mistakenly referred to as 'Red Indians'), but approximately 80 per cent of them died from smallpox infection within a relatively short period of time. He also explained that the Indigenous people previously had had a rich culture of arts and crafts; they were skilled at fishing; and, on the West coast alone, they had at least 32 different languages. Aboriginal reserves were established to protect the Indigenous people, but idleness and the consumption of alcohol became common on the reserves. The Aboriginal people became an under-educated and marginalised minority in Canadian society to the point where it is now the case that they comprise three per cent of the total population, but 17 per cent of the prison population.

Mr de Vink explained that the concept of restorative justice was deeply embedded in traditional Aboriginal culture. If a wrong was done, there had to be a healing of the whole group, including the victim, the offenders and their families. This was contrasted to the operations of a Western judicial system where the emphasis was on the determination of guilt and holding offenders accountable, with little attention being paid to victims and their families.

Mr de Vink then showed a video which contained many examples of mediation between offenders and victims based on restorative justice principles. The video clearly showed that a restorative justice approach was not a 'soft option' for offenders as there was a great deal of emotion involved and some offenders may well take the view that a simple punishment imposed by a court may be less stressful for them.

At the conclusion of the video, there was some discussion about the appropriate terminology to use for Indigenous people, and Mr de Vink explained that in Canada the expression 'First Nation peoples' was now favoured. Delegates from the Philippines and Hong Kong then described approaches in their jurisdictions where offenders and victims were brought together and members of the broader community were involved in the operation of the system. At the conclusion of the workshop, all persons present expressed their sincere appreciation to Mr de Vink for his efforts.