The organisation submitted that the regime may not drive a significant drop in crime rates
The New Zealand Law Society | Te Kāhui Ture o Aotearoa has recommended that the government pull back on the reinstatement of the Three Strikes law.
The Sentencing (Reinstating Three Strikes) Amendment Bill went through its first reading last month. The legislation aims to bolster public confidence in the justice system and address serious repeat offences through the reintroduction of a modified “three strikes” regime.
The law includes provisions for sentencing without eligibility for parole if offenders are on their second and third strikes, except in cases considered “manifestly unjust”.
The Law Society noted that there were improvements in the revised regime that reflected the Supreme Court's decision in R v Fitzgerald. The improvements include:
- the incorporation of a refined list of qualifying offences; “strike consequences” are applicable only if a sentence of more than 24 months' imprisonment is imposed by the court
- mandatory elements of the regime will be subject to an exception; courts are not required to set a mandatory sentence that would lead to manifest injustice
- offenders under the age of 18 will be exempted from the regime
However, the Law Society submitted that as per evidence, the regime may not significantly reduce crime rates and would have a limited deterrent effect beyond the first offence.
Should the legislation be passed, the organisation proposed the setting of a threshold higher than a sentence with an imprisonment period of over 24 months to avoid encompassing less serious offences. Moreover, the Law Society suggested that mitigating factors should constitute the proper basis for a court in deciding whether a sentence is manifestly unjust.
Based on the submissions received, the Select Committee will present recommendations on the bill to the House by 1 November.
