Chief Justice crossed line on prisons - Key

Dame Sian Elias. File photo / Mark Mitchell

Top judge Dame Sian Elias crossed the line by going public with her concerns about prison overcrowding, Prime Minister John Key says.

Dame Sian last week made a speech where she raised the idea of amnesties for prisoners to ease the strain on prisons.

She suggested that a political and media focus on victims was having too great an influence.

Dame Sian said if attitudes in relation to bail and parole were not relaxed, then the focus would have to go on the length of prison sentences and this could result in either shorter sentences, changes to parole and bail laws or early release amnesty.

Justice Minister Simon Power rebuked her for the comments saying "the Government was elected to set sentencing policy, judges are appointed to apply it".

Mr Key agreed.

"Releasing the speech puts her over the line and that was really the point that the Minister of Justice (made)," Mr Key told Breakfast on TV One this morning.

"There's a line there and hopefully politicians don't stray one side and the judiciary don't stray the other."

Speaking on NewstalkZB Mr Key said Dame Sian had strayed into the justice minister's area.

"This is really the responsibility of the Minister of Justice and he's been very careful about not straying the other way."

Mr Power has remarked that he avoided commenting on recent cases of sentences reduced by judges after appeal.

Mr Key said Dame Sian had a point about the prison muster and it was an area Mr Power was putting considerable effort into.

"The better way was for her to deal directly with the minister."

Mr Power has ruled out consideration of an amnesty and Mr Key backed that too.

"A random amnesty that lets anybody out - we are not going to sign up for that," he told Breakfast.

"(Also) I do not agree that victims have been put too much front and centre stage, actually I would argue the opposite."

Asked if he was concerned judges may start issuing shorter sentences to contain prison population growth, Mr Key said he was not overly worried.

"I think there's been judicial activism for a long time in both the New Zealand system and other systems...

"I don't think its something we should be overly worried about judges will in the end have a view and we rely on their judgement when they are passing their sentences."

Mr Key said he admired Dame Sian and said she had a fine legal mind.

The prison muster is set to break the previous record of 8457 behind bars, set in September 2007 - as of last Monday there were 8434 people held in prisons or police stations.

The government has said turning modular or container cells into prisons and double bunking were being used to help manage the "serious capacity crisis" in the short term.

Extending existing prisons and building new prisons were longer term options.

- NZPA