Monitoring makes sentencing flexible

Offenders sentenced to home or community detention are required to stay within approved...
Offenders sentenced to home or community detention are required to stay within approved residential addresses and be electronically-monitored. Photo by Rosie Manins
Home detention is now an available sentence for people convicted of crimes within Central Otago, but judges have yet to use the new penalty. However, eight offenders have received the related sentence of community detention. Rosie Manins investigates the new sentencing options.

The first sentences of community detention within Central Otago are being carried out by convicted offenders in Cromwell and Alexandra.

To date, six people have received community detention in Cromwell and two in Alexandra.

The sentence could also be carried out in Clyde.

Judges have yet to impose sentences of home detention within the towns, which are the only places such punishment is available in Central Otago.

Before December last year, the sentencing options were not available in the district due to the lack of permanent staff in the area.

It had meant some offenders went to jail in cases where they otherwise would have been eligible to serve home or community detention.

Community Probation and Psychological Services area manager Monique Cunningham said the introduction of home and community detention to Central Otago had been without incident.

"So far, so good. We were a bit worried about cellphone coverage, but that hasn't been a problem, and although we don't know in the case of home detention, everything's gone really smoothly with community detention," she said.

Mrs Cunningham, who is based in Dunedin, said the sentences would not be made available in other parts of the district until they had at least been fully trialled at Cromwell, Alexandra, and Clyde.

"We're assessing it as it goes. We want to get a few more numbers and see how home detention goes before considering increasing it further," she said.

A probation officer and senior community works supervisor are permanently based in Alexandra.

The next closest permanent staff are based in Queenstown and sometimes help with the Central Otago workload.

Two probation officers and a senior community works supervisor are based at Queenstown, as well as a service manager who covers both the Central Otago and Queenstown Lakes districts.

The Department of Corrections also recently advertised a vacancy for an administration officer based with the community probation and psychological services at Alexandra.

"We've had some admin' support there on a temporary basis and now know there needs to be a permanent part-time administration officer," Mrs Cunningham said.

Justice served
Local lawyers have welcomed the new sentencing options available to their clients.

Alexandra-based lawyer Tim Cadogan, of law firm Bodkins, said it was important for all sentencing options to be available in Central Otago, as in the rest of New Zealand.

"That's justice," he said.

Fellow Alexandra-based lawyer Russell Checketts, of Checketts McKay Law Ltd, said the sentencing options had been imposed when appropriate.

"It's certainly made a difference in a positive way.

We haven't had many [community or home detention] sentences, but in the cases of those we have had, it was the sensible solution," he said.

For offenders who may have otherwise gone to jail, community detention meant they could work within their communities and be valued residents.

They could serve a purpose, upskill themselves, or retain employment needed within the community.

Risks to the community were minimised through constant electronic monitoring of the offenders.

Home detention also allowed convicted offenders to stay within familiar surroundings and have contact with family and friends.

The offenders were confined to approved residential property, and were not mingling with other criminals as in a jail environment.

Policing the issue
The introduction of community-based sentences to Central Otago has seen a corresponding increase in the number of applications for electronically monitored (EM) bail.

EM bail assessor Steve Greig said such bail had been available to people within Central Otago since 2006, but with no community-based sentences available in the district at the time, EM bail was seen as little benefit by lawyers and their clients.

"EM bail was introduced throughout the South Island in 2006 although the uptake in Central Otago was slow due to the fact that people couldn't see a benefit from it because there wasn't home or community detention available.

It was only in December last year when Corrections introduced those options that people started applying for EM bail.

"Applications in Central Otago have really picked up since then," he said.

Mr Greig, who is one of three EM bail assessors based in Dunedin for the New Zealand Police's southern district, said EM bail was sometimes used as a "stepping stone" by lawyers and their clients in the court system.

"Lawyers can try to prove in court that if their clients are able to adhere to the strict conditions of EM bail, they could be suitable for community-based sentences. It can give them an argument that electronically monitored sentences are worthwhile for the court to look at," he said.

Central Otago sub-area commander Senior Sergeant Jill Woods said frontline officers in the district were not directly affected by the additional sentencing options.

Some additional bail checks were carried out, although most issues were passed on to the probation service


Justice brought home

Home and community detention in Central Otago

> Home and community detention are sentences available to people convicted of crimes within Central Otago, and can be served in Alexandra, Clyde, and Cromwell.

> Two permanent probation staff are stationed in Alexandra, where there is also need for a permanent part-time administration officer.

> Community detention works like a strict curfew, with offenders released from their homes to attend work while being monitored electronically.

> People on community detention are monitored during their sentence, and required to stay at a particular address while not at work.

> Home detention requires an offender to remain at an approved residence at all times under electronic surveillance and close supervision by a probation officer.


 

 

 

Add a Comment