S P & A 0144–5596
V. 36, No. 4, A 2002, . 392–407
© Blackwell Publishers Ltd. , Cowley Road, Oxford OX JF, UK and
Main Street, Malden, MA , USA
Blackwell Publishers Ltd Oxford, UK SPOL Social Policy & Administration 0144–5596 © Blackwell Publishers Ltd. 2001 2001 36 4 1 000 Original Article
Alternatives to Custody in the New Zealand Criminal
Justice System: Current Features and Future Prospects
Anita Gibbs and Denise King
Abstract
Alternatives to custody in New Zealand have followed a format similar to criminal justice systems
in the UK and other European countries but with a stronger emphasis on both punitive, work-based
options like periodic detention, and more recently home detention, as well as restorative justice
models. Much of current practice relies heavily on the now dated Criminal Justice Act .
However, a new sentencing and parole act is proposed for . In this paper the authors review
the current alternatives to custody in New Zealand, paying particular attention to issues arising from
their recent research on home detention—surveillance, control and impacts on family members—
and offering a reflection on the future prospects for alternatives to custody.
Keywords
Criminal Justice; Custody; New Zealand
Introduction
New Zealand’s prison population is per , of the national popula-
tion (Walmsley ), giving it one of the highest rates for an Oceania coun-
try (Australia’s is ) and compares to for the UK. As in many other
countries the prison population has risen steadily since the early s (Min-
istry of Justice a) and averages about , per annum, representing
approximately per cent of convicted offenders (Spier ). Successive
National and Labour–Alliance governments have done little to stem the
rising prison population: new alternatives and amended legislation have been
tried and trialed with little effect. Policy is rarely research-based and more
often is a response to the broader political and assumed public pressures of
the day. There is no clarion call from the prime minister saying “tough on
crime, tough on the causes of crime”; instead, there is an array of mixed
Address for correspondence: Dr Anita Gibbs, Department of Community and Family Studies,
University of Otago, PO Box , Dunedin, New Zealand. E-mail: anita.gibbs@stonebow.otago.ac.nz.