The Draft Rules of Conduct and Client Care for Lawyers (“the Rules”) extended the workings of the committee perhaps more than anything else. It was a major undertaking reflecting the changes that are ahead as a result of the new Lawyers and Conveyancers Act. Extra meetings were held to suggest amendments and to prepare a report of our own for submitting to the NZLS. In August, at a specially convened meeting at the ADLS, Chancery Chambers, Maxine Pitch, representing our committee was on hand to make oral submissions. She reported back that a number of our suggested changes to the “the Rules” were accepted as being positive and were to be adopted.

Much of our work required a representative along with other stakeholders to attend meetings. This occurred for the establishment and smooth running of the new Family Violence Court and the Police Detention Assistance Improvement Project; also, for the
District Court Liaison and Jury Trial Liaison Committees. Delays in jury trials are endemic and attention to resolve this serious issue were discussed, including the allocation of extra court rooms and the prospect of permitting sentencing indications prior to committal.

Louis Fryer attended a meeting at ACRP. Although, she was made to feel most welcome, sadly little progress could be made because of the limited resources (primarily staff shortages) available to implement desired improvements to lawyers’ access to clients. Other prisons in Auckland are to receive similar visits.

The timely availability of pre-sentence reports and sentencing submissions were a constant source of discussion at our monthly meetings, and follow up correspondence. For the sake of consistency, a national protocol for the timely availability of pre-sentence reports and sentencing submissions is now underway.

A highlight for the convenor were discussions surrounding the establishment of a Criminal Cases Review Commission based on overseas models. If instituted, this will provide a vehicle to remedy miscarriages of justice after rights of appeal have otherwise been exhausted.

On a social note, our function proved a success, thanks to the efforts of Marcus Martin and his team. It was reassuring to hear the Society’s President remarks that it is to remain an annual fixture despite attendant changes in our constitution.

As convenor, I would like to thank the committee for their willingness to contribute to the monthly meeting, and extra commitment when required. I also extend a special vote of thanks to our valued secretary, Janeen Parker who has worked tirelessly and without so much as a grizzle for as long I have been convenor (three years). I have decided to hand the reins over to “fresh legs.”

ACRP – Auckland Central Remand Prisons – Client contact and visits

A number of issues regarding the Auckland Central Remand Prisons (ACRP) procedure and policies have once again prompted the Criminal Law Committee to meet with Australasian Correctional Management (ACM) to discuss these areas of concerns. As a result, the following procedures have been agreed to:

1. Appointment process
The preferred way for practitioners to visit clients at the ACRP is for practitioners to make appointments. The following is the approved procedure:

• Appointments should be made as early as possible by contacting ACRP operations at the prison on phone 09 966 7799 or fax 09 966 7788. Appointment times start at 8am. The ACRP will ensure that the prisoner is available at that time or will contact the practitioner to explain that the prisoner is not available and the reason for it.
• If the practitioner is running late, the prisoner will only be kept waiting for the practitioner for 15 minutes. After that the appointment is deemed cancelled.
• Practitioners who are running late or who cannot make the appointment should contact the prison operations on phone 09 966 7799 to give an estimated time of arrival or to cancel the appointment.
• Northland and out of town practitioners, when making an appointment, should advise ACRP that they will be travelling some distance, so that the ACRP will appreciate the reason for the late arrival (if that happens).
• Practitioners who fail to keep appointments without cancelling or offering an explanation may be reported to ADLS.
• Any complaints from practitioners about this process should be referred to the Convenor of the Society’s Criminal Law Committee, Richard Earwaker (phone 09 309 6564) or Janeen Parker, Secretary of the Committee (phone 09 306 3996) or the General Manager ACM, Dom Karauria (phone 09 966 7713, mobile 029 966 7713) or Operations Manager ACM, Ned Papali’i (phone 09 966 7715, mobile 029 966 7715).

2. Drop-in visits
Practitioners are able to "drop in" to the ACRP to see their clients. If no contact has been made with the prison prior to the visit, provided the client is at the ACRP, it may take up to 30 minutes for the client to be made available for the practitioner to speak to.

Drop-in times:
Monday to Friday:      8.30 am - 11.30 am
      1.00 pm - 4.00 pm
Weekends:      8.30 am - 11.30 am
      1.00 pm - 4.00 pm

3. Locked interview rooms
In most instances practitioners are locked in the interview room with their client. If practitioners are concerned about their personal safety, they should forewarn officers on duty about this and they can request to be supplied with a duress alarm, which is available from reception. Alternatively, the non-contact visiting rooms can be used. In any event, if practitioners have concerns about safety they should advise the ACRP prior to any visit.

4. Ability to pass papers in non-contact interview rooms
The ACRP have advised they are unable to make any changes to the non-contact interview rooms and accordingly, at present, problems passing papers to clients remain. The ADLS Criminal Law Committee has written to the Department for Corrections requesting that booths be altered to facilitate better communication and the passing of documents. As yet no response to this request has been received.

5. Use of dictaphones and laptop computers
The ACRP permit practitioners to take dictaphones and laptops into meetings with clients. However, prior approval must be obtained from the General Manager, Dom Karauria, or the operations Manager, Ned Papali’i (contact phone numbers as above). Practitioners will be asked to show items to ACRP staff on entry and exit from the prison. No dictaphones, tapes, batteries or anything else apart from documents are to be given to prisoners.

6. Visits during trial
During hearings (but not otherwise) the ACRP, by prior arrangement with the ACRP operations room on (09) 966 7799 or fax (09) 966 7788, will arrange for practitioners to meet with their clients in the reception area on their client’s return from court. This procedure is not for use at any other time but is designed to allow, during the trial, practitioners to have vital early evening access to their clients to deal with matters that have occurred during that day’s hearing.

7. Taking affidavits
There is no one employed by the prison who is able to take affidavits. Practitioners should make their own arrangements for the taking of affidavits or they should leave the affidavits with their client for swearing by the next practitioner to visit the prison who can take the affidavit. The affidavit should be left with the client and arrangements should be made with ACRP staff on duty at the time.

8. Practitioner searching
The prison may purchase a fluoroscope machine. This will permit practitioners’ bags to be passed through the machine without being opened. Until the fluoroscope is purchased, the ACRP staff will search practitioners’ bags. The search is designed to identify any object that may be desirable to prisoners, such as pocket knives and scissors. The ACRP staff have no interest in any documents in bags. The search will involve opening and looking into the bag and no more. If the search is more intrusive and the ACRP staff look at documents, then General Manager Dom Karauria (phone 09 966 7713, mobile 029 966 7713) or Operations Manager Ned Papali’i (phone 09 966 7715, mobile 029 966 7715) should be contacted. Practitioners must not pass any items to their clients without first advising the ACRP staff on duty.

9. Prohibited items
There is a total prohibition on taking cell phones into prison meetings. Prison management have also indicated that wallets are not to be taken into prison meetings. Secure lockers are available – see ACRP reception.

10. Client contact via phone or fax
Fax lines have been installed and it is possible to fax clients at the ACRP. It is not advisable to forward confidential information by fax as security cannot be guaranteed. You will need to know whether your client is resident on level 2 or level 4. The fax will then be passed to your client.

Five phones have been installed on each of these levels (2 and 4) for use by prisoners to contact their practitioners, or for practitioners to contact clients. If you wish to speak with your client by phone, you can do this in either of two ways:

1. Send a fax to either level 2 or 4 and request the client telephone you.
2. Ring level 2 or 4 and leave a message on the answer phone to request the client telephone you.

Level 2 is segregated and special needs.
Level 4 is mainstream.
Accommodation Manager Level 2:
Caroline Tuivaiti
Work: 09 966 7757
Mobile: 029 966 7757
Fax: 09 966 7792

Accommodation Manager Level 4:
Ra Karika
Work: 09 966 7787
Mobile: 029 966 7787
Fax: 09 966 7789

Staff at the ACRP are aware there have difficulties contacting clients by telephone and wish to facilitate such contact by requesting that calls be made during the following times if possible:
7.00 am - 7.30 am
12 noon - 12.30 pm
5.00 pm - 5.30 pm

This should ensure that clients are not otherwise engaged in programmes, meal breaks or lock down.
In the case of difficulties or concerns contact the General Manager or the Operations Manager:
General Manager:
Dom Karauria
Work: 09 966 7713
Mobile: 029 966 7713
Fax: 09 966 7731

Operations Manager:
Ned Papali’i
Work: 09 966 7715
Mobile: 029 966 7715
Fax: 09 966 778

11. Paralegals/law clerks - POAs Practitioners are able to send paralegals/law clerks to the ACRP to deal with clients as legal visitors, however the prison may require confirmation, by way of a letter on letterhead, that such persons are employed by a barrister or a solicitor.

The fact that persons holding power of attorneys may have been sent by a practitioner does not automatically mean that those persons are given access rights as they must comply with prison policies. Persons reporting to hold power of attorneys from inmates may be declined access under normal prison policy if such persons have criminal convictions within two years of the proposed visits.

Staff at the ACRP have invested considerable time ensuring good access to clients. If practitioners experience problems it would be helpful for practitioners, in the first instance, to draw this to the attention of the Convenor of the ADLS Criminal Law Committee, Richard Earwaker (phone 09 309 6564) or Janeen Parker, Secretary of the Committee (phone 09 306 3996).

We will endeavour to ensure that issues are taken up promptly with the prison in the spirit of cooperation rather than conflict. Similarly, ACRP have indicated they will direct any difficulties they are having with practitioners, in the first instance, through the same channels rather than making formal complaints to ADLS. It is hoped that by adopting this procedure the spirit of cooperation which exists will be fostered and problems can be quickly and efficiently dealt with.

Richard Earwaker
Convenor, Criminal Law Committee
July 2003