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Sentencing (Reinstating Three Strikes) Amendment Bill

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Sentencing (Reinstating Three Strikes) Amendment Bill
New Zealand Parliament[1]
  • This omnibus bill reinstates the legislative regime for sentencing repeat serious offenders known as the three-strikes law.[1]
Administered byJustice Committee[1]
Legislative history
Introduced byNicole McKee[1]
First reading25 June 2024[1]

The Sentencing (Reinstating Three Strikes) Amendment Bill is a proposed New Zealand Act of Parliament that seeks to restore the three-strikes sentencing regime that was repealed in 2022. The bill would cover 42 serious violent and sexual offenses including new strangulation and suffocation offences.[2][3] The Reinstating Three Strikes Bill is one of the key policies of the Sixth National Government that was elected following the 2023 New Zealand general election.[4]

Background

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In May 2010, the Fifth National Government passed the Sentencing and Parole Reform Act 2010 (SPRA), which introduced a three-strikes law sentencing regime for repeat offenders. While it was supported by the centre-right National and libertarian ACT parties, the Sentencing and Parole Reform Act was opposed by the opposition Labour and Green parties as well as National's confidence and supply partner the Māori Party.[5] The SPRA was controversial in New Zealand following its passage. While critics objected to its punitive approach to justice and disproportionate impact on the Māori community, supporters such as the Sensible Sentencing Trust and Family First New Zealand contended that it protected the public from the worst offenders.[6][7][8]

During the 2017 New Zealand general election, Labour had campaigned on repealing the SPRA if elected into government.[9] However the Sixth Labour Government had been forced to abandon its plans to repeal the law in 2018 due to the objection of its coalition partner New Zealand First.[10] Following the 2020 New Zealand general election, Labour won a landslide victory, allowing it to govern alone for the first time since the mixed-member proportional representation (MMP) system was introduced in 1996.[11] On 9 August 2022, Labour passed legislation repealing the Sentencing and Parole Reform Act with the support of the allied Green Party and Te Pāti Māori. In response, the opposition National and ACT parties vowed to reinstate three-strikes legislation if they won the 2023 New Zealand general election.[12]

Key provisions

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The Reinstating Three Strikes Amendment Bill's regime will cover the same 40 serious violent and sexual offences as the former Sentencing and Parole Reform Act 2010, with the addition of the new strangulation and suffocation offences. Unlike the previous law, the three-strikes law will only apply to criminal sentences above 24 months. The law imposes a non-parole period of 17 years for the second offence and 20 years for the third offence.[2][13] As wtih the previous three-strikes legislation, offenders will receive warning of the consequences of reoffending at their first strike. For a second strike, they will be denied parole. For a third strike, offender will serve the maximum penalty without parole.[13]

The Three Strikes Amendment Bill provides some judicial discretion to avoid manifestly unjust outcomes and address outlier cases. It also outlines principles and guidance to assist the courts' application of the new law. The Bill also provides a limited benefit for guilty pleas to avoid re-traumatising victims and to reduce court delays.[2]

The Bill amends several laws including the Sentencing Act 2002, the Criminal Procedure Act 2011, the Criminal Procedure (Mentally Impaired Persons) Act 2003, the Evidence Act 2006, and the Parole Act 2002.[14]

Legislative history

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Launch and regulatory impact statement

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As part of the National Party's coalition agreement with ACT that was released on 24 November 2023, the Sixth National Government agreed to commit to restoring three-strikes legislation as part of several "tough on crime" policies.[4]

On 11 April 2024, the Ministry of Justice released its regulatory impact statement into the Reinstating Three Strikes Bill. The Ministry's report found that the 2010 three strikes regime had resulted in disproportionate sentencing, did not reduce serious crime and that mandatory sentencing had created inflexibility for judges in imposing sentences. In response, the Ministry proposed increased judicial discretion for sentencing serious offenses, clearer guidance on the three-strikes regime for judges, introduce a threshold sentence of two years imprisonment, providing some benefits for guilty pleas, setting minimum penalties for second and third strike offenses and excluding offenses with a seven-year penalty from the three-strikes regime. The Ministry expressed concerned that reinstating the three-strikes regime would have a disproportionate impact on Māori and Pasifika New Zealanders, and that the legislation could create inconsistencies with the Treaty of Waitangi and New Zealand Bill of Rights Act 1990. [15][16] Associate Justice Minister Nicole McKee subsequently amended the draft legislation to exclude low-level offending and reduce the risk of disproportionate sentencing.[17]

On 22 April 2024, Prime Minister Christopher Luxon and McKee confirmed that the Government would proceed with plans to reintroduce three strikes legislation. Details of the new three strikes regime were released including the inclusion of strangulation and suffocation as three-strike offenses and a new requirement that three-strikes legislation would only apply to sentences above 24 years.[18]

Introduction

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On 25 June 2024, McKee introduced the legislation into Parliament.[2] During its introduction, Justice Minister Paul Goldsmith said that the Reinstating Three Strikes legislation addressed the problems associated with the previous Sentencing and Parole Reform Act 2010. Goldsmith argued that the legislation was needed to send a strong message to serious offenders and to bring justice for victims including Māori, who made up the majority of the victims of crime. By contrast, Labour leader Chris Hipkins said that maximum sentences led to unfair sentencing outcomes and did little to combat crime.[19]

First reading

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The Bill passed its first reading on 25 June 2024 by a margin of 68 to 55 votes. While the National, ACT and New Zealand First parties supported the Bill, it was opposed by the opposition Labour, Green parties and Te Pāti Māori.[20] The bill's sponsor McKee said that it would warn offenders about the consequences of serious repeat offending while emphasising that the law would give judges flexibility when imposing sentences.[21]

Opposition MPs Duncan Webb, Tamatha Paul, Hana-Rawhiti Maipi-Clarke, Ginny Andersen and Tracey McLellan criticised the Reinstating Three Strikes Bill, arguing that previous legislation had failed to reduce reoffending, worsened mass incarceration and disproportinately affected Māori. Government MPs Tim Costley, Casey Costello, James Meager, Cameron Brewer and Paulo Garcia argued that the Bill would restore law and order, deter and punish serious repeat offenders, and make communities safer.[20]

Select committee

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The Reinstating Three Strikes Amendment Bill was subsequently referred to the Justice select committee. The Bill was open to public submissions between 27 June and 23 July 2024.[22]

Responses

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Political parties

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On 22 April 2024 Green Party's justice spokesperson Tamatha Paul opposed the Reinstating Three Strikes Bill, stating that it would disproportionately target Māori and contribute to New Zealand's high incarceration rate.[23] Similarly, Labour justice spokesperson Duncan Webb said that three strikes sentencing regimes and other minimum sentencing laws did little to reduce serious crime and reoffending.[24]

Civil society

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The conservative justice advocacy group Sensible Sentencing Trust trustee Louise Parsons criticised the Reinstating Three Strikes Bill, describing the proposed law as "weak and watered-down." The Trust opposed the Government's decision to wipe 13,000 former strike warnings and said that the new legislation only affected 30% of offenders covered under the 2010 three-strikes sentencing regime. Parsons also said that the Trust would be reactivating to oppose the legislation and called on the Government to deliver a stronger version of the three-strikes law.[25][26]

References

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  1. ^ a b c d e "Sentencing (Reinstating Three Strikes) Amendment Bill". New Zealand Parliament. Retrieved 13 September 2024.
  2. ^ a b c d McKee, Nicole (25 June 2024). "Government introduces Three Strikes Bill". Beehive.govt.nz. New Zealand Government. Archived from the original on 27 June 2024. Retrieved 30 June 2024.
  3. ^ "Sentencing (Reinstating Three Strikes) Amendment Bill". New Zealand Parliament. 27 June 2024. Archived from the original on 9 September 2024. Retrieved 10 September 2024.
  4. ^ a b Ensor, Jamie (24 November 2023). "Election 2023 coalition agreement: Christopher Luxon, David Seymour, Winston Peters reveal Government policy, ministers". Newshub. Archived from the original on 20 May 2024. Retrieved 11 September 2024.
  5. ^ "Controversial 'three strikes' bill passes". The New Zealand Herald. New Zealand Press Association. 25 May 2010. Archived from the original on 1 February 2021. Retrieved 24 October 2022.
  6. ^ Rumbles, W. (2011). "'Three Strikes' sentencing: Another blow for Māori". Waikato Journal of Law. 19 (2): 108–116. Retrieved 24 October 2022.
  7. ^ "Three Strikes". Sensible Sentencing Trust. Archived from the original on 7 February 2022. Retrieved 24 October 2022.
  8. ^ "Three Strikes Law". Family First New Zealand. 25 May 2010. Archived from the original on 5 February 2022. Retrieved 24 October 2022.
  9. ^ "Beginning of the end for three strikes law". Stuff. 30 May 2018. Archived from the original on 23 August 2022. Retrieved 24 October 2022.
  10. ^ "Three strikes law to stay as Labour say NZ First unlikely to support repealing it – 'This is about making good decisions, not fast decisions'". 1 News. TVNZ. 11 June 2018. Archived from the original on 24 October 2022. Retrieved 24 October 2022.
  11. ^ "New Zealand election: Jacinda Ardern's Labour Party scores landslide win". BBC News. 17 October 2020. Archived from the original on 16 October 2020. Retrieved 17 October 2020.
  12. ^ Neilson, Michael (9 August 2022). "Three strikes law gone: Labour fulfils 2017 campaign promise, Nats and Act rail against move". The New Zealand Herald. Archived from the original on 9 August 2022. Retrieved 4 October 2022.
  13. ^ a b Walters, Laura (26 June 2024). "The new and (slightly) improved three strikes regime". Newsroom. Archived from the original on 20 July 2024. Retrieved 13 September 2024.
  14. ^ Nicole McKee (2024). Sentencing (Reinstating Three Strikes) Amendment Bill (Government Bill 65-1). New Zealand Parliament. Retrieved 13 September 2024.
  15. ^ "Regulatory Impact Statement: Reinstating three strikes sentencing law" (PDF). New Zealand Treasury. 11 April 2024. Archived (PDF) from the original on 31 July 2024. Retrieved 16 September 2024.
  16. ^ Rive, Caspian (27 June 2024). "New Zealand government re-introduces three-strikes sentencing law amidst human rights controversies". JURISTnews. JURIST Legal News & Research Services, Inc. Archived from the original on 11 September 2024. Retrieved 16 September 2024.
  17. ^ Walters, Laura (25 June 2024). "The new and (slightly) improved three strikes regime". Newsroom. Archived from the original on 20 July 2024. Retrieved 16 September 2024.
  18. ^ "Watch: Three strikes policy to return with changes, PM announces". RNZ. 22 April 2024. Archived from the original on 22 April 2024. Retrieved 22 April 2024.
  19. ^ "Revised Three Strikes Bill proceeds to Parliament". RNZ. 25 June 2024. Archived from the original on 18 July 2024. Retrieved 16 September 2024.
  20. ^ a b "Sentencing (Reinstating Three Strikes) Amendment Bill — First Reading (continued)". New Zealand Parliament. 25 June 2024. Archived from the original on 13 September 2024. Retrieved 13 September 2024.
  21. ^ "Sentencing (Reinstating Three Strikes) Amendment Bill — First Reading". New Zealand Parliament. 25 June 2024. Archived from the original on 28 June 2024. Retrieved 13 September 2024.
  22. ^ "Sentencing (Reinstating Three Strikes) Amendment Bill". New Zealand Parliament. 27 June 2024. Archived from the original on 9 September 2024. Retrieved 13 September 2024.
  23. ^ Paul, Tamatha (22 April 2024). "Three strikes has failed before and will fail again". Archived from the original on 11 September 2024. Retrieved 16 September 2024.
  24. ^ "Release: Three strikes law political posturing of worst kind". New Zealand Labour Party. 22 April 2024. Archived from the original on 11 September 2024. Retrieved 16 September 2024.
  25. ^ "Sensible Sentencing Trust Re-activate To Oppose Weaker Three Strikes Proposal". Scoop. 25 June 2024. Archived from the original on 26 June 2024. Retrieved 16 September 2024.
  26. ^ "Stop the Three Strikes Sellout". www.stop3strikessellout.nz. Sensible Sentencing Trust. Archived from the original on 11 September 2024. Retrieved 16 September 2024.
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