Revolutionary Anti Colonialism & Anti Capitalism in the Pacific
Prisoner amnesty urged
MEDIA RELEASE 16 July 2009
Prison Reform Group of Western Australia Attorney General Christian Porter should give consideration to a prisoner amnesty similar to that proposed by New Zealand’s Chief Justice as a way to stem the rising prison population.
Dame Sian Elias, who’s had more than 40 years in the criminal justice field, recently told the NZ Law Society that she accepts “retribution is a proper response for serious crime” but that “all the evidence and informed opinions seem to point to the futility of believing that the causes of crime can be addressed by penal policy and the criminal justice process… Penal policy is largely irrelevant to reduction of crime and making our communities safest”.
Citing a cost of $100,000 a year for keeping an offender in prison versus $10.04 for maintaining someone on a community based sentence (NZ figures) Dame Sian went on to say that “reducing sentence levels would reduce the prison population, not only by cutting the length of prison terms but also by bringing more sentences within the bounds set for community-based sanctions, including home detention”.
Suggesting the use of “direct tools to manage the prison population”, Dame Sian noted that “other countries use executive amnesties to send prisoners into the community early to prevent overcrowding.
“If we are not prepared to relax the pressures to contain risk in the discretionary decisions as to bail and parole, the only other immediate options may be to confront the length of sentence (effecting an overall reduction in sentence)… and early release amnesty,’ Dame Sian concluded.
This is a view endorsed strongly by WA’s Prison Reform Group, which today called on Mr Porter to give consideration to an executive amnesty for all prisoners with less than six months left to serve on their sentences and for all women currently held in the Boronia pre- release facility.
“Such a move would release the immediate pressure on WA’s overcrowded prisons,” noted Group spokesperson Rex Widerstrom. “It would free up places at Boronia for women currently held at Bandyup, and at the various low-security prisons and prison farms for male prisoners confined in high security at Casuarina, Hakea and similar facilities.
“While it is the government’s duty to do what it can to prevent crime, as Dame Sian notes the length of sentences actually has little or no effect on community safety.
“So against Mr Porter’s desire to be seen to take a vote-winning stance as ‘tough on law ‘n’ order’ must be balanced the huge social costs of being unable to build hospitals and schools whilst the money is spent on more prisons.
“Many governments have provided amnesty at the lower end of the security scale without incurring some sort of ‘rising tide of crime’ on their streets,” Mr Widerstrom noted. “We’re not talking about releasing violent criminals who’ve done little or no rehabilitative work in prison. We’re focusing the call for an amnesty on low security prisoners with exemplary behaviour records whilst in prison, with six months or less to serve.
“The Attorney General clearly likes to be perceived as taking a tough stance on crime. Tough it may be, but it’s clearly not effective” (see figures below).
The March quarter 2009 national average daily imprisonment rate was 167 prisoners per 100,000 adult population. Western Australia reported a rate of 241 per 100,000 adults. And that figure is rising, not falling, despite the present government’s stance.
Western Australia First Thursday July 2009 First Thursday July 2008 Total in prison 4419 3780 Sentenced 3711 2998 Remand 689 761 Aboriginal & TSI 1787 (40.4%) 1551 Women 341 275
Total in Juvenile Detention 144 166 Sentenced 84 79 Un-sentenced 60 87 Aboriginal & TSI 112 (77.8%) 125 (75.3%) Young Indigenous 104 males 8 females Young non-Indigenous 29 males 3 females
Contact: Rex Widerstrom 0400 133 854 or: Dr Brian Steels 0419 907 016