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Introduction

1.1     I make this additional personal submission in relation to the Prisoners & Victims Claims Bill.

1.2     I request to be heard in support of this submission.

1.3     The address for correspondence in relation to this submission is as follows :

Peter Jenkins
P.O. Box 7651
Wellesley Street
Auckland
Mobile/txt : 0274 338562
Email : laworder@xtra.co.nz

1.4     There are a number of issues that this Bill addresses that I would like to take into consideration, as follows;

1.4.1 These prisoners by and large had a reputation for being "difficult", implying that the treatment for which they are being compensated was a consequence of their own behaviour. The State should not compensate people for their own stupidity, or the consequences thereof, particularly when it is not compensating people for things they have had to endure through no fault of their own.

These particular individuals have largely brought their mistreatment upon themselves by their own often long histories of misbehaviour. Even if prison staff have overreached the boundaries in reacting to these prisoners and perpetrated abuses as a result, disciplinary procedures are a perfectly satisfactory remedy. These prisoners do not deserve any compensation for the fact that prison staff have under (often extreme) provocation sunk to their level.

1.4.2 There are other more important priorities. No prisoner should receive compensation while any victim of crime goes uncompensated. This should be a basic, underlying principle of any victim centred justice system - and ANY justice system worthy of that name should be exactly that. Far too many individual victims get little or no assistance whatsoever from the taxpayer, let alone compensation for their losses financial or otherwise. And in the vast majority of cases the victim is in no way at fault. They have done nothing that could be reasonably construed as a provocation or cause for that which has been inflicted upon them.

Law-abiding citizens, whether victims or not, should always have prior claim on the resources of the State over those that have demonstrated a long-term disregard and disrespect for the law, society and law-abiding individual members thereof. They have shown that they do not want to play by the rules of society - so why should they then expect to accrue any of the benefits? This leads me to the next point;

1.4.3 Loss of respect for the Rule of Law will be the inevitable consequence of the continued granting of compensation to violent offenders who happen to be mistreated in prison while their victims go without. As it stands the level of public discontent with our justice and legal systems is at a high level, partially as a result of this very issue. The idea that repeat violent offenders should be compensated for mistreatment while their victims (and others more worthy of assistance) go without is repugnant to the concept of natural justice held by the majority.

To fly in the face of public opinion in this manner will be to invite further erosion in public respect for the Rule of Law, and ultimately encourage the spectre of vigilante justice. If the people see that their masters are so foolish as to compensate those who flagrantly breach the rules of society while disregarding their innocent victims, they will start to draw the conclusion that the only route to true justice is to take matters into their own hands.

Would it not be better to ensure that compensation for prisoners, if it must be awarded, is at all times subject to prior claim by the victim(s) of that offender and their families

2.     The Bill

2.1     I support the proposed legislation in that the rights of Victims’ need to be strengthened.

2.2     I oppose any sort of Prisoner Compensation, but take the fall back position that if such compensation is to be awarded, that victims and their families must have prior claim over any compensation awarded

2.3     I look forward to expanding on the issue of Prisoners’ Compensation in my verbal submission before the select committee.