Modern Australian
The Times

Overhaul of NZ women's prison system highlights the risk and doubt surrounding use of force on inmates

  • Written by Ross Hendy, Lecturer in Criminology, Monash University

Examples of the police using force in the line of duty are not uncommon, but allegations of excessive force used by staff at Auckland Women’s Prison have raised serious questions about what happens away from the public eye.

Corrections Minister Kelvin Davis has now ordered an urgent overhaul and review of women’s prisons. This follows criticism by a district court judge of the Department of Corrections for its failure to properly respond to accusations of “degrading” and “inhumane” treatment of inmates at the prison.

At the same time, a reported increase in assaults on corrections officers has highlighted what a difficult ethical and practical area this is for staff.

Generally, the use of force by police and other law enforcement agencies in democratic societies is governed by the principles of reasonableness, proportionality and necessity.

The Crimes Act sets out how anyone — not just those entrusted with specialist law enforcement powers — may use force in certain circumstances: self-defence, the defence of another, or to prevent suicide or immediate and serious injury.

But determining whether the use of force was necessary, reasonable and proportionate is often open to interpretation. What happens in the heat of the moment may look quite different in the cold light of another day.

Kelvin Davis speaking to media Change coming: Minister of Corrections Kelvin Davis calls for an overhaul. GettyImages

Permission to use force

Police and anyone using force are governed by section 62 of the Crimes Act, which stipulates any force used should not be excessive. If and when it is found to be excessive, the person responsible is criminally liable.

Prison staff are also governed by the Corrections Act. It gives them the power to use force in self-defence, defence of a prisoner or other person, provided the use of physical force is reasonable and necessary.

Unlike the police, however, corrections staff require permission whenever practical before force is used.

In the case of Auckland Women’s Prison, the Corrections Department’s independent inspectorate found no evidence of deliberate cruelty by staff but said they lacked proper oversight and guidance.

Read more: Despite claims NZ's policing is too 'woke', crime rates are largely static — and even declining

This underlines the importance of risk identification and management in a custodial situation. Custody officers have a duty of care to the people in their protection, but also a clear interest in their own safety.

Equally, supervisors need to balance the rights of those in custody with the safety of their workforce. The reported increase in assaults on corrections officers will undoubtedly affect their sense of personal safety and inform their risk assessment when considering the need to use force.

The review of women’s prisons will need to address the real challenges of determining the reasonableness, proportionality and necessity of actions, both at the time of the event and afterwards.

Risk in the real world

In reality, assessing risk is never easy. When training to be a frontline police constable, for example, I didn’t anticipate the need to use force on someone affected by mental illness. Police training at the time was focused on the apprehension of criminal suspects rather than those in crisis.

In fact, police report force being used once in every 91 suicide attempts attended in 2019 — making up 6% of all incidents where force was used.

Two incidents in particular influenced how I assessed risk and responded.

The first involved a 13-year-old female who had been sending text messages threatening to self-harm. I detained her at her school but she became less compliant when she realised we were heading to the police station. She kicked out the rear passenger window to escape.

The second involved a middle-aged male who had sliced both arms in a suicide attempt. It took three of us to restrain him, all the while trying to avoid the blood and blood-drenched towels, before he could be sedated and given first aid.

Unlike many dramatised depictions of police use of force, real incidents tend to be messy. Without context they can appear uncoordinated, excessive or repressive. Actions taken in response to something might seem more reasonable at first glance than those taken to prevent it.

Read more: Policing by consent is not ‘woke’ — it is fundamental to a democratic society

Getting the balance right

Research has shown people’s attitudes tend to be shaped by their own levels of trust and confidence in police. Those who hold generally positive views will view police actions as appropriate; those who hold negative views see them as inappropriate.

How people view the actions of prison staff will probably depend on similar perceptions.

While the Auckland Women’s Prison inquiry has drawn attention to the potential for misuse of force, we should be mindful of missing the many nuances that render easy assessment superficial — including that the people who work in these places are not allowed to comment publicly.

The review ordered by the minister will have to address the need to strike the right balance between the safety of those in custody and the safety of those responsible for them. The decisions upon which that balance hinges are not as easy as they might appear.

Authors: Ross Hendy, Lecturer in Criminology, Monash University

Read more https://theconversation.com/overhaul-of-nz-womens-prison-system-highlights-the-risk-and-doubt-surrounding-use-of-force-on-inmates-156848

Road Signs: Understanding Their Role in Clear and Effective Signage

Effective signage and display hardware can help businesses communicate information, promote products and organise customer or visitor movement. Road...

Bottle Label Printing: Key Factors to Consider Before Your Next Packaging Run

Effective packaging begins with understanding the product, bottle material, artwork and production requirements when planning bottle label printing. H...

Planning a Long-Distance Move With Interstate Movers Melbourne

Moving between states involves more planning than a typical local relocation. Along with packing and transporting household belongings, you need to...

Understanding the Role of an I/O Controller in Industrial Automation

Modern industrial systems depend on accurate communication between sensors, machines and control systems. An I/O controller can help manage this commu...

How the Right Mining Hose Supports Demanding Operations

Mining environments place considerable demands on equipment used for material transfer, water management and processing. Hoses operating in these co...

Simple Ideas for Making Social Gatherings More Memorable

We have all been to those parties where everyone just stands around the kitchen island, staring at their phones, waiting for someone else to make a mo...

Outdoor Wall Lights: Improving Exterior Lighting Around Your Home

Lighting can influence how a room looks, feels and functions, so the right fitting should be selected according to both appearance and practical req...

Commercial Office Cleaning: Combining Routine Office Cleaning With Melbourne Service

Keeping a workplace clean requires a service that can accommodate everyday tasks as well as the particular needs of the business. Professional comme...

Caravan Sales in Queensland: How to Find the Right Caravan for Sale QLD

Caravan ownership is about more than having somewhere to sleep while travelling. For many Queenslanders, it is one of the best ways to explore regio...

What Sir Walter Buffalo Turf Actually Costs in 2026 (And Why Quotes Vary So Much)

Two quotes landed on a Hills District homeowner's kitchen table last spring for the exact same 80-square-metre backyard. One said $12 a metre. The o...

Nearly 1,300 NSW Hospital Beds Are Occupied By People Who Are Ready To Go Home

1,276 people in NSW hospitals have been medically cleared for discharge but remain in hospital because they're still waiting for NDIS or aged care sup...

National Survey Launched to Measure Operational Impacts of Federal NDIS Policy Reforms

The effects of recent NDIS reforms are beginning to move beyond policy papers and into day to day service delivery. A new national survey is asking ...

Beyond the Nappy Cake: Baby Shower Gifts That Get Used

What new Australian parents unwrap, keep, and quietly thank you for months later. Six weeks after my daughter was born, I did an audit of the baby sh...

Parent-Advocates Are Reshaping Frontline Disability Service Delivery

Parents have always been part of the disability sector. They advocate, coordinate services, challenge decisions and often become the person holding ev...

Vista Cruises Enters "Two-Flagship Era" as Vista Aurora Completes Inaugural Voyage

Vista Aurora Sets Sail along the Yangtze. (Photo courtesy of the company)YICHANG, China — August 5, 2026 — Vista Aurora, a high-end interprovinc...

A Digital Preparation Checklist For International Medical Conferences

An international medical conference compresses many responsibilities into a few days. A delegate may need to present research, move between venues, ...

The Growing Popularity of Lab Grown Diamonds in Sydney and Hong Kong

The diamond industry has changed significantly in recent years as more buyers seek ethical, affordable, and sustainable alternatives to mined diamon...

Modern AI SEO Agency vs Traditional SEO: What’s the Difference

Search engine optimisation has changed dramatically over the past few years. Search engines have become smarter, user behaviour has evolved, and bus...