Criminals exploiting bail monitoring system by ‘foiling’ ankle bracelets - Corrections, police at odds over who knew what

Corrections and police were at odds about who knew about a report on “foiled” electronic monitoring bracelets before it was leaked, according to internal correspondence.

The report, revealed earlier by the Herald on Sunday, said criminals were “regularly” exploiting a “significant vulnerability” by wrapping tinfoil around their ankle bracelets and going on to re-offend.

The police risk assessment report, EM Bail - “Foiling” and Monitoring Limitations, said public safety would continue to be compromised because of a “combination of heightened demand and systemic monitoring limitations”.

Police have released to the Herald correspondence internally and with Corrections under the Official Information Act regarding the Herald on Sunday’s story and request for comment.

Several photos of people foiling their ankle bracelets were in the internal police report.

The initial request on August 25 was forwarded to several people within the police including Assistant Commissioner Sandra Venables.

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Venables replied to the email saying it was “disappointing” as she did not believe the report had been released under the Official Information Act.

Canterbury police’s intelligence manager said the report was produced with the intention of informing and escalating the identified risk to Police National Headquarters (PNHQ) “whilst informing local discussion with our Corrections colleagues”.

The report, dated August 11, references a meeting that included staff from Corrections in Christchurch on July 26.

Later that day Corrections sent a copy of their proposed media statement to police to check if there were any issues.

At the top of the statement Corrections said it was not aware of the report prior to questions from the Herald on Sunday.

After checking with the district commander, a police spokesperson asked Corrections to “omit” the first line.

“Our District Commander advises that the Regional Commissioner and EM Bail Lead were in a meeting with Canterbury police staff in which this report was discussed.”

A spokesperson from Corrections replied shortly after to say the regional commissioner had spoken with the district commander who confirmed it was accurate to say they had not seen the report and they would send the statement unchanged.

The police spokesperson replied again to say police believed it was “inaccurate” to say no Corrections staffer was aware the report existed.

“To say ‘weren’t consulted’ or ‘weren’t involved’ would be fine, but not aware is not accurate.”

Do you know more?

In response to a query from a police spokesman Inspector Andrew Fabish, the director of deployment at police said Corrections had advised him the report was “formulated” after meeting with Canterbury staff.

“So I’m unsure whether the report was released at the time of the meeting or later? I’d be surprised as the data is blatantly incorrect [not the fault of Canterbury at all] the source of the data was incorrect.”

The Herald asked police on Friday whether it was common practice to make such reports without informing Corrections, and how the document was sent nationwide with data that was “blatantly incorrect”.

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In response, Fabish reiterated in a statement that the report was an “internal product” created to help police consider “how they might best deploy resource to keep communities safe”.

“The data used for the risk product was sourced from a mapping tool which is still under development and therefore contained incomplete data.”

Some of the points in the report also did not take into account the “national picture of electronically-monitored [EM] bail” and the “ongoing shared work” by Police and Corrections.

“The correspondence you received via OIA is internal discussion, we will not be responding further to this.”

A Corrections spokesperson confirmed they were not aware of the report prior to August 25.

“We have a strong relationship with Police and will continue to work closely with them to keep people safe. We don’t have any further comment to provide.”

‘Very damning’

Prime Minister Chris Hipkins was earlier asked about the report on The Mike Hosking Breakfast in relation to the 48 people facing charges for homicide-related offences on EM bail.

“Ultimately that’s a question for the judges who have agreed to that. I do think there are some emerging findings out of the review of the Auckland shooting that happened a few weeks ago that the Government will look closely at,” he told The Mike Hosking Breakfast.

Youths have been foiling their bracelets before going on to reoffend, the report says.

“I’m certainly not saying that I’m completely comfortable with having violent offenders on electronically monitored home detention … and I think that we should look at whether there should be further restrictions there but those are reviews that are under way at the moment.”

Corrections Minister Kelvin Davis earlier told the Herald he had “reiterated” to Corrections his expectation that “all breaches of electronic monitoring are dealt with and responded to as quickly as possible”.

National’s corrections and police spokesman Mark Mitchell earlier told the Herald on Sunday the report was “very damning”.

Sam Sherwood is a Christchurch-based reporter who covers crime. He is a senior journalist who joined the Herald in 2022, and has worked as a journalist for 10 years.