People Ban: Australia Violence over jail ban

Smoking ban leads to increase in assaults on prison staff
October 14, 2014
ELEANOR HALL: The Queensland Law Society is calling for a review into the ban on smoking in prisons in response to reports that it sparked an increase in assaults on prison guards.
The Queensland u nion which represents prison officers says assaults have doubled since the ban was introduced in May.
But the Cancer Council says the ban is sound.
In Brisbane, Nance Haxton reports.
NANCE HAXTON: The Queensland Government banned smoking in prisons in May this year, saying the change would protect the health of corrective services staff and reduce the cost of treating smoking-related illnesses among prisoners.
While Queensland prison cells have been smoke-free since 2008, the ban now extends to all areas of Queensland jails.
The Queensland Law Society is now calling for that ban to be reviewed.
President Ian Brown says the ban was ill-considered, and has had dire consequences.
IAN BROWN: There are only a certain number of correctional facilities that provide that support to prisoners who are seeking to withdraw from tobacco use. Seven of 13 correctional facilities in Queensland provide that level of support.
NANCE HAXTON: And what about for those that do have to go cold turkey, do you think that could lead to issues in prisons as well?
IAN BROWN: There are a whole range of physiological, physical and mental symptoms that people suffer. If you apply that, then, to a concentrated prison population, when you are dealing with people, many of whom have issues in relation to pre-existing substance abuse, people who may have behavioural management issues of long term duration, and then these are people who are reliant on cigarettes and nicotine as, essentially to assist them in anger management, and you take that away from them, then you’re going to have a problem.
NANCE HAXTON: United Voice is the u nion that represents Queensland’s prison officers.
Coordinator Michael Clifford says the number and severity of assaults against prison officers has increased since the ban was brought in.
MICHAEL CLIFFORD: Just in September, the last month, we’ve seen assault levels more than double of what they were at the same time last year. In August, they were almost double what we saw last year. In July, again, they were double what we saw last year.
So we saw a real spike in assaults happening in prisons the month that the smoking ban was introduced.
NANCE HAXTON: Is there enough support for prisoners who are essentially forced into breaking their smoking habit?
MICHAEL CLIFFORD: There was a weaning off of tobacco in the months leading up to the smoking ban; anecdotally we know of a black market that’s starting to appear around tobacco. We hear that prisoners are paying up to $500 for 25 grams of tobacco in the prisons.
NANCE HAXTON: Queensland Attorney General Jarrod Bleijie was not available for interview, but issued a statement saying that all prisoners have access to a special quit and support program, which includes nicotine patches.
Mr Bleijie says the ban follows other successful smoke-free prison rollouts in New Zealand, the Northern Territory, New South Wales and Victoria.
Cancer Council Queensland is backing the Queensland Government’s move.
Spokeswoman Katie Clift says it is vital that the support given to prisoners to give up smoking continues.
KATIE CLIFT: Looking at what prisoners suffer in terms of disease related to smoking, about one in four do suffer from chronic tobacco related conditions – so things like asthma, cardiovascular disease, and diabetes, with a very high risk of future cancer. So this has been a very important move and we believe that the support that has been provided has been adequate in helping them to quit and to improve their long-term health.
NANCE HAXTON: However Michael Clifford says the smoking ban has coincided with an increase in prisoners, unnecessarily increasing security issues for staff in an already tense environment.
MICHAEL CLIFFORD: Prison numbers have been increasing dramatically, to the point where you’ve got prisoners doubling up in cells, where you’ve got understaffing occurring so that programs in the prison are shut.
So, along with the agitation that comes with tobacco bans, there’s a whole range of other factors.
ELEANOR HALL: That’s Michael Clifford from United Voice ending Nance Haxton’s report.

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Corrections stand by smoke-free prisons

December 24, 2012

Source: ONE News/Fairfax

The Corrections Department is standing by a decision to enforce smoke free prisons despite a High Court ruling saying the ban is unlawful and invalid. Career Criminal and Auckland prisoner Arthur Taylor challenged the blanket ban on smoking in the High Court earlier this year. Last Thursday, Justice Murray Gilbert ruled the ban – which had been in force for 17 months – was “unlawful, invalid and of no effect”.

Corrections has refused to say whether they would challenge the ruling, but said the ban would remain in place.

“This has not changed our commitment to smoke-free prisons and prisoners and staff will not be able to smoke as per our current regulations,” general manager of Corrections services Dr Brendan Anstiss said.

Inmates are still forbidden to smoke or possess tobacco-related products because the Government changed Corrections regulations classifying them as contraband.

Inmates ‘rapt’

Career criminal Arthur Taylor said he was “chuffed” over the decision and now plans further action to force Corrections to drop it.

“I’m really chuffed about it, it is showing them [Corrections] they just can’t act outside the law,” Taylor, speaking from Auckland’s Paremoremo prison, said of last week’s decision.

“This victory shows Corrections must obey the law like the rest of New Zealand. Prisoners have legal rights too.”

Taylor said that was not the case as the Smokefree Environments Act and New Zealand Bill of Rights Act “takes precedence over any changes Corrections have made”.

Next month Taylor will seek a summary judgement from the High Court to force Corrections to drop the ban.

“It shouldn’t be incumbent on me to give Corrections legal advice, but if they’re not going to get any before introducing [the ban], I guess I have to,” Taylor said today.

He said his fellow Paremoremo inmates were “rapt” over the decision and “they’re all congratulating me and shaking my hand”.

“But at the same time, they’re powerless in here and they fully expect Corrections to ignore the decision.”

Taylor, who joked that he was expecting a call from the tobacco industry praising him, said Corrections had “opened themselves up to a whirlwind of harm and distress claims” from prisoners.

“They’ve unlawfully forced them to do something (quit smoking) they’re legally entitled to do.”

Taylor said despite Corrections claims the ban had created no disharmony in prisons, that was not his experience.

“I see the misery around me this has caused.”

Crown lawyer Austin Powell unsuccessfully asked the court to suspend the effect of the ruling for six months, on the basis Taylor didn’t smoke “and is not affected by the rule” and that it may endanger prison staff.

“The court’s decision has the potential to affect the entire prison population and all personnel who work in prisons, to their detriment,” Powell said.

He referred to evidence of improved air quality at prisons and a reduction in fires since the ban was introduced.

Taylor lodged proceedings against the manager of Auckland Prison over the ban in September 2011 and a judicial review hearing took place in August.

The 56-year-old argued the prison manager had no power under the Corrections Act to introduce the ban and had not used his “discretion in doing so”, instead acting under the direction of the chief executive.

Taylor, who has racked up more than 130 convictions, represented himself during proceedings after a request for legal aid was declined in December last year because, according to the Legal Services Agency, his “prospects of success are not sufficient to justify a grant of aid”.

He said challenging the ban had cost him “a bloody fortune”.

He estimated he had spent about $25,000 bringing the matter to court.

Government ‘rushed’ smoke-free policy Labour is claiming the Government rushed through the policy outlining smoke free prisons.

“We warned them, they didn’t listen, but we’re offering supports so they can get it right next time because it’s not a good look when you get inmate challenged the Department for law,” said Kris Faafoi.

Faafoi said Labour wants to make sure prisons continue to be smokefree for the sake of both inmates and staff.

The Corrections Department says it will consider whether new legislation is needed to safe-guard the prisons smoke-free status. They claim the benefits are already obvious.

“Fires are down more than 70% since the ban has been implemented and the air quality has improved two fold.”

Corrections claim around 6000 prisoners are no longer smoking since the ban was introduced.

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Violence fears over jail move to ban smoking

Sunanda Creagh Urban Affairs Reporter
August 20, 2007

PRISONERS may be banned from smoking in jail under a policy being discussed by the State Government, but there is concern that such a move would lead to increased violence.

Justice Health, the department responsible for the health of prisoners, has confirmed that the idea has been mooted at the highest levels.

“I have been talking to the executive about it because we have to decide on our strategic directions for the year,” the acting chief executive of Justice Health, Julie Babineau, said.

“It’s a reflection of what is happening in the community and it would be remiss of us not to look at it.”

But a prisoners’ rights group has warned a ban would result in increased tension, violence and a flourishing black market where prisoners would be prepared to trade “favours” for cigarettes.

Justice Action said it understood the ban had been discussed recently at the highest levels of Justice Health.

“They are talking about banning prisoners and staff from smoking inside prisons. It’s quite a significant decision with immense social implications,” Brett Collins, a spokesman for Justice Action, said.

“We believe it will happen.”

More than 80 per cent of the prison population smoke, with many prisoners receiving tobacco rations as an “indulgence”.

“People who are in detention look for a smoke as one way of relaxing. To deny them that will mean mental health damage,” Mr Collins said.

“It will mean a black market of tobacco where tobacco has currency similar to other drugs. They will swap food for tobacco, all sorts of ‘favours’, and there will be trafficking by the guards.”

Ms Babineau said no decision had been made and no formal policy would be introduced without consultation with the community.

“Anything is considered as part of health promotion for inmates and we are looking at increasing the health outcome. But there is no formal consideration at this time,” she said

However, Ms Babineau said that such a ban would fit with the state health plan, “which talks about improving health outcomes and reducing smoking in the community”.

“We have been looking at this at the executive level but it’s been very informal,” she said.

A spokesman for the Minister for Justice, John Hatzistergos, said no changes to the current policy on smoking in jails were being formally considered but that prisoners were encouraged to quit.

He refused to say if he supported such a ban.

Mr Collins said that a ban on smoking in prison was different to enforcing no-smoking laws in hotels or workplaces because non-prisoners could always step outside for a cigarette.

“A ban would cause immense resentment and anger and it will create management problems,” he said.

Mr Collins conceded a ban on smoking could allow prisoners to lead longer and healthier lives, but said there were many other ways Justice Health and the Department of Corrective Services could help prisoners stay healthy.

“When the health department shows its concern for prisoners’ health by supporting access to clean needles and syringes, instead of remaining silent despite 50 per cent of prisoners being infected with hepatitis C, then it earns the credit to consult with the prison community on the smoking issue,” he said.

Jails in the Canadian province of Quebec will be smoke-free from February, after Quebec last week announced a policy banning prisoners and guards from smoking anywhere in jails.

Prisoners there will have the option of paying for nicotine patches.

Canada’s federal prisons have enforced a ban on smoking since 2005.