Three strikes law - you're out: Justice Minister to repeal
Justice Minister Kris Faafoi is pushing ahead with moves to repeal the "three strikes" law, saying it is an anomaly in the justice system that has led to "absurd" outcomes.
Faafoi this morning said the government would introduce the Three Strikes Legislation Repeal Bill, as promised in the lead-up to the election.
The law requires judges to impose the maximum sentence for offenders who commit a third serious, violent crime.
He said the law had been aimed at improving public safety, but forced judges to hand down large sentences regardless of the circumstances the evidence showed it no effect on the violent crime rate.
"We have even seen the situation, recently, where the Supreme Court had to intervene in the case of an individual with long-standing and serious mental illness to correct what the Court said was so disproportionately severe that it breached the Bill of Rights," Faafoi said.
He said other jurisdictions like Northern Territory and California had also repealed their similar laws, and judges could still hand down hefty sentences and additional restrictions to repeat serious offenders where that was appropriate.
"When the Three Strikes Legislation Repeal Bill becomes law, judges will continue to be able to impose severe sentences on serious offenders. They will also be able to take a range of relevant factors into account and tailor the penalty to fit the crime," Kris Faafoi said.
The ACT party chamioned the law in 2010 and its justice spokesperson Nicole McKee said the repeal would give the worst, most violent offenders an early Christmas present.
"Just 18 people have been sentenced to a Third Strike. The total number of people sentenced to a first, second or third strike account for just one percent of the people sentenced in our courts. This is the worst of the worst. These offenders leave behind a long list of victims, some who will never fully recover from the trauma," she said in a statement.
"These offenders are not petty thieves. They are the worst of the worst. New Zealanders will see these sentences as entirely reasonable and feel safer with these violent thugs off the streets."
She said the first offender sentenced under the law had attacked someone with a piece of wood, stalked and sexually assaulted a 17-year-old girl, then stabbed someone in the leg.
"Thanks to three strikes he was made to carry out the full sentence of seven years and our streets were safer because he was behind bars," she said.
Faafoi said the Bill agreed by Cabinet would see those already sentenced under the law continue to serve the sentence that had been imposed, but would consider changing that based on consultation during the Select Committee process.
Justice Minister Kris Faafoi is pushing ahead with moves to repeal the "three strikes" law, saying it is an anomaly in the justice system that has led to "absurd" outcomes.
Faafoi this morning said the government would introduce the Three Strikes Legislation Repeal Bill, as promised in the lead-up...
Justice Minister Kris Faafoi is pushing ahead with moves to repeal the "three strikes" law, saying it is an anomaly in the justice system that has led to "absurd" outcomes.
Faafoi this morning said the government would introduce the Three Strikes Legislation Repeal Bill, as promised in the lead-up to the election.
The law requires judges to impose the maximum sentence for offenders who commit a third serious, violent crime.
He said the law had been aimed at improving public safety, but forced judges to hand down large sentences regardless of the circumstances the evidence showed it no effect on the violent crime rate.
"We have even seen the situation, recently, where the Supreme Court had to intervene in the case of an individual with long-standing and serious mental illness to correct what the Court said was so disproportionately severe that it breached the Bill of Rights," Faafoi said.
He said other jurisdictions like Northern Territory and California had also repealed their similar laws, and judges could still hand down hefty sentences and additional restrictions to repeat serious offenders where that was appropriate.
"When the Three Strikes Legislation Repeal Bill becomes law, judges will continue to be able to impose severe sentences on serious offenders. They will also be able to take a range of relevant factors into account and tailor the penalty to fit the crime," Kris Faafoi said.
The ACT party chamioned the law in 2010 and its justice spokesperson Nicole McKee said the repeal would give the worst, most violent offenders an early Christmas present.
"Just 18 people have been sentenced to a Third Strike. The total number of people sentenced to a first, second or third strike account for just one percent of the people sentenced in our courts. This is the worst of the worst. These offenders leave behind a long list of victims, some who will never fully recover from the trauma," she said in a statement.
"These offenders are not petty thieves. They are the worst of the worst. New Zealanders will see these sentences as entirely reasonable and feel safer with these violent thugs off the streets."
She said the first offender sentenced under the law had attacked someone with a piece of wood, stalked and sexually assaulted a 17-year-old girl, then stabbed someone in the leg.
"Thanks to three strikes he was made to carry out the full sentence of seven years and our streets were safer because he was behind bars," she said.
Faafoi said the Bill agreed by Cabinet would see those already sentenced under the law continue to serve the sentence that had been imposed, but would consider changing that based on consultation during the Select Committee process.
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