WELLINGTON The revised three strikes criminal sentencing legislation is a small improvement on the original proposal, but is still seriously flawed, says Caritas Aotearoa New Zealand. On January 19, the Government announced an agreement with the Act Party on the three- strikes policy. Legislation is due in Parliament in March with a revised scheme that would apply to 36 serious violent and sexual offences.

Those convicted for the first time for one of those offences would get a normal sentence plus a warning, but can be paroled. The second offence means there is no parole for whatever prison sentence is handed down. The third conviction leads to the maximum sentence for that offence under law and no parole.

The final provision applies unless such a sentence would be manifestly unjust, in which case a judge could override it. The three strikes law would not be retrospective and would only apply to those aged over 18.

The original Act Party bill proposed that a third conviction for any of the then-listed offences lead to a minimum non-parole period of 25 years.

Last May, the Catholic bishops and Catholic social justice agency Caritas opposed the bill at a select committee, citing Bill of Rights concerns about disproportionate sentencing among their reasons.

Caritas research officer Lisa Beech calls the latest policy a small step back from the original.
But hugely disproportionate outcomes are still likely if maximum sentences are given on the third strike offence regardless of circumstances or mitigating factors, Ms Beech said.

As Caritas and the bishops said in relation to the original legislation, it runs the risk of having the opposite effect to that intended protecting the community from violent criminals.

It still runs the risk of making violent offenders more desperate to avoid arrest or conviction.

Ms Beech said a safer community is more likely to be achieved by preventative responses, which put more funding into programmes designed to reduce re-offending at the first or second serious offence.

Caritas and the Catholic bishops conference called for measures which promote repentance and rehabilitation, rather than revenge, she said.

This legislation still does not achieve that.