09 February 2022
C146611,2
Richard Grant
fyi‐request‐18241‐[email address]
fyi‐request‐18239‐[email address]
Tēnā koe Richard
Thank you for your emails of 19 January 2022 to the Department of Corrections – Ara
Poutama Aotearoa, requesting information about people imprisoned in December 2020.
Your request has been considered under the Official Information Act 1982 (OIA).
Corrections does not decide who is and who is not in prison. That is a decision for the Courts
and the New Zealand Parole Board. Corrections must comply with the lawful directions
provided by them in terms of when people should be released from prison, whether that be
on bail or at the end of their sentence.
The amount of time a person can spend in prison on remand is dependent on how long it
takes for the judicial process to be completed by the courts. This is influenced by many
factors including the complexity of the case and the plea entered. Corrections does not
manage court proceedings. The court system is overseen by the Ministry of Justice.
Corrections is working alongside our Justice sector colleagues on a joint initiative to make
significant improvements to New Zealand’s criminal district court system. The Criminal
Process Improvement Programme (CPIP) is a cross‐sector initiative which aims to reduce the
backlog of court cases by making changes across all stages of the court system. It also seeks
to identify and address long‐standing issues in the courts which cause delays.
The programme has a number of objectives:
Addressing delays in defendants’ cases being heard
Addressing uncertainty around when to turn up to court, or barriers in attending
court
Minimising time spent in custody before bail is granted
Making better use of jurors’ or other participants’ time
Reducing the number of court adjournments at sentencing, which has increased over
time and represents a significant waste of court time and resources.
Further information is available on the Ministry of Justice’s website here.
NATIONAL OFFICE, WELLINGTON
Mayfair House, 44 – 52 The Terrace, Wellington, 6011, Private Box 1206, Wellington 6140,
Phone +64 4 460 3000
www.corrections.govt.nz
2
You have requested the following information:
Of the 4,821 sentenced prisoners incarcerated as at 31 December 2021, how many
were sentenced to serve in prison:
1. six months or less;
2. twelve months or less, but more than six months;
3. eighteen months or less, but more than twelve months.
The table below shows a breakdown of the imposed length of the 4,821 people serving a
sentence in a New Zealand prison on 31/12/2021.
IMPOSED SENTENCE LENGTH
PEOPLE
1) six months or less
46
2) twelve months or less, but more than six months
129
3) eighteen months or less, but more than twelve months
182
4) Over 18 months
3,630
5) Indeterminate sentence
834
Total
4,821
Of the 2,989 remand prisoners as at 31 December 2020, how many have
subsequently been:
1. sentenced to a term of imprisonment of six months or less;
2. sentenced to a term of imprisonment of twelve months or less, but more than
six months;
3. sentenced to a term of imprisonment of eighteen months or less, but more
than twelve months;
4. convicted but not sentenced to a term of imprisonment;
5. released without conviction.
For your request for a breakdown of the people who were remanded in custody on 31
December 2020, we have provided a breakdown based of the active warrants, not the
identity of the person. There were 2,946 people on remand in a New Zealand prison on 31
December 2020, the figure of 2,989 includes off‐site remandees where Corrections does not
have the necessary details to determine outcomes.
The table below shows the outcome of the most serious conviction of the warrants active at
that time – we have had to add categories to account for all outcomes.
REMAND WARRANT OUTCOMES (31/12/2020 snapshot)
PEOPLE
1) sentenced to a term of imprisonment of six months or less
270
2) sentenced to a term of imprisonment of twelve months or less, but
more than six months
345
3) sentenced to a term of imprisonment of 18 months or less, but more
than twelve months
265
3a) sentenced to imprisonment for more than 18 months
854
3b) sentenced to an indeterminate period of imprisonment
34
3
4) convicted but not sentenced to a term of imprisonment
640
5) released without conviction.
133
6) Warrant still active
393
7) Immigration warrant, no criminal charges
12
Total
2,946
Table notes:
Indeterminate period of imprisonment means that the person has been
sentenced to either life imprisonment or preventative detention.
Corrections’ research currently underway into remand periods has established that those
serving short periods in remand custody are less likely to be sentenced to imprisonment if
convicted.
This means that analysis of sentencing outcomes for a snapshot of people in remand
custody is not a valid representation of the outcomes of those remanded into custody over
a period of time. While 4.5% (133/2,946) of people in remand custody on 31 December
2020 were released without conviction, this does not mean that 4.5% of those remanded in
custody over the 2020/21 financial year were released without conviction, nor does the 23%
(640/2,946) of people remanded in custody on 31 December 2020 who were ultimately
sentenced to a community‐based sentence suggest that 23% of all periods in remand lead to
a sentencing outcome.
Analysis of the throughput (periods of remand over time) also shows that people can serve
more
than one non‐consecutive period in remand. Research also shows that over the course
of a case, people can serve several distinct periods in remand custody, ranging from one day
or more.
I trust the information provided is of assistance. I encourage you to raise any concerns
about this response with Corrections. Alternatively, you are advised of your right to also
raise any concerns with the Office of the Ombudsman. Contact details are: Office of the
Ombudsman, PO Box 10152, Wellington 6143.
Ngā mihi nui
Rachel Leota
National Commissioner