Irate Power tells Chief Justice to butt out of policy

Justice Minister Simon Power in his office at Parliament, Wellington. Photo / Mark Mitchell

The country's top judge has been told to stay out of politics and concentrate on administering the law, after publicly criticising the prison system.

Chief Justice Dame Sian Elias predicted she would be reprimanded when she floated the idea of releasing prisoners early to relieve overcrowding, and suggested punitive sentencing was often not the best option for reform.

And the response came swiftly yesterday, with the Government ruling out the granting of "executive amnesties" and criticising Dame Sian for speaking publicly on policy matters.

Justice Minister Simon Power said he was "very surprised" by her public stand when the Government had refrained from commenting on Court of Appeal decisions to reduce sentences.

Dame Sian's suggestions were not on the political agenda and it was not her place to put them there, Mr Power said.

In a speech made in Wellington last week but not made public until Tuesday, Dame Sian said she believed releasing prisoners early from the country's overcrowded "monster factories" would free up beds and decrease the chances of reoffending.

She said the longer the sentence, the less likely the chances of reform, and that a shift in public attitude to community-based sentencing was required.

But her comments did not go down well with Mr Power.

"It is the judiciary's job to apply the law as set by Parliament," he said. "This Government was elected on this sentencing policy. Judges are appointed to apply it.

"The Chief Justice's speech does not represent Government policy in any way, shape or form."

Mr Power was given no warning of Dame Sian's speech and would not say if a meeting was on the cards as a result.

The Chief Justice's comments were made at a New Zealand Law Society women-in-law committee meeting in Wellington.

Dame Sian said the public needed to understand that punitive sentencing was often not the best option for reform.

"The problem with incarceration is that in all but a small number of cases at some point the offender must re-enter society," she said in her speech, quoting a former Lord Chief Justice of England, Lord Bingham.

A study of 5000 prisoners released in 2002/2003 showed 52 per cent were back behind bars within 60 months, Dame Sian said.