Scoop has an Ethical Paywall
Work smarter with a Pro licence Learn More

Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

Offender drug and alcohol testing bill

Offender drug and alcohol testing bill lacks judicial oversight

The lack of judicial involvement in drug and alcohol testing legislation is problematic, the New Zealand Law Society says.

The Drug and Alcohol Testing of Community-based Offenders and Bailees Legislation Bill enables the Department of Corrections and the Police to require some community-based offenders and people on bail to undergo drug and alcohol testing to ensure they’re complying with conditions prohibiting the use of drugs and alcohol.

The Law Society has presented a submission on the bill to Parliament’s Law and Order Committee.

The Law Society questions the way the bill will be implemented, who the decisions-makers should be and the consistency of parts of the bill with the Bill of Rights Act 1990.

Law Society spokesperson Graeme Edgeler says powers proposed by the bill to make people be continuously monitored by a drug or alcohol monitoring device is a “major infringement of liberty”.

“It will be possible to justify it in some circumstances, but certainly not in respect of all people who are subject to alcohol or drug abstention conditions,” he says.

Mr Edgeler says the legislation will prohibit judicial involvement in the imposition of bail, sentence and release conditions requiring the wearing of drug or alcohol monitoring devices.

“There should be judicial oversight of decisions to impose continuous monitoring. No person should be required to wear an alcohol monitoring bracelet without a judge’s approval,” he says.

Advertisement - scroll to continue reading

Are you getting our free newsletter?

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.

In its submission the Law Society says that while it appreciates there may be resourcing concerns, the solution is not to place sole discretion with the Police or Corrections and forbid judicial involvement.

Mr Edgeler says bail or sentence conditions imposed by the Parole Board or a judge should be made with agreement from the appropriate agency. This is similar to what happens with electronically monitored bail, or home detention, which require a feasibility assessment.

“This is particularly concerning with respect to the changes to the Bail Act. It is inherent that bail applies to individuals who have not been proven guilty of any offending,” he says.

The Law Society’s submission suggests the bill uses standard conditions in the Bail Act that could be adopted as needed, allowing a judge to impose a monitoring condition if it is considered appropriate by Police.

“This staggered approach would enable a judge to tailor the regime as appropriate to the alleged offender and the alleged offending,” Mr Edgeler says.

© Scoop Media

Advertisement - scroll to continue reading
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines



Gordon Campbell: On Dune 2, And Images Of Islam


Depictions of Islam in Western popular culture have rarely been positive, even before 9/11. Five years on from the mosque shootings, this is one of the cultural headwinds that the Muslim community has to battle against. Whatever messages of tolerance and inclusion are offered in daylight, much of our culture tends to be hostile to Islam when we’re sitting in the dark, with popcorn.
Any number of movie examples come to mind, beginning with Rudolf Valentino’s role (over a century ago) as the romantic Arab hero in The Sheik...
More


 
 


Government: One-stop Shop Major Projects On The Fast Track

The Coalition Government’s new one-stop-shop fast track consenting regime for regional and national projects of significance will cut red tape and make it easier for New Zealand to build the infrastructure and major projects needed to get the country moving again... More

ALSO:


Government: GPS 2024: Over $20 Billion To Get Transport Back On Track
Transport Minister Simeon Brown has released the draft Government Policy Statement (GPS) on Land Transport, outlining the Coalition Government’s plan to build and maintain a transport system that enables people to get to where they need to go quickly and safely... More

ALSO:

Government: Humanitarian Support For Gaza & West Bank

Winston Peters has announced NZ is providing a further $5M to respond to the extreme humanitarian need in Gaza and the West Bank. “The impact of the Israel-Hamas conflict on civilians is absolutely appalling," he said... More


Government: New High Court Judge Appointed

Judith Collins has announced the appointment of Wellington Barrister Jason Scott McHerron as a High Court Judge. Justice McHerron graduated from the University of Otago with a BA in English Literature in 1994 and an LLB in 1996... More

 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels


 
 
 
 

Join Our Free Newsletter

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.