National and ACT have reached agreement on a three-strikes policy that will ensure the worst repeat criminals receive the maximum allowable sentence.
Agreement on the policy, which will be incorporated into the Sentencing and Parole Reform Bill, was announced by the Prime Minister John Key, ACT Leader Rodney Hide and Police and Corrections Minister Judith Collins today.
The new regime will uphold the Government's election pledge to remove eligibility for parole for the worst repeat violent offenders, and incorporate significant aspects of ACT's three-strikes policy.
Under the regime, an offender will receive a standard sentence and warning for the first serious offence. For the second offence they will get a jail term (in most cases) with no parole and a further warning. On conviction for their third serious offence, the offender will receive the maximum penalty in prison for that offence with no parole.
However, the court can decide not to order the maximum sentence be served without parole if it would be manifestly unjust to impose such an order. The regime will only apply to offending by people aged 18 years and over. It will not be retrospective - it will only apply to offences committed after the legislation comes into force.
"National and ACT are determined to hold serious repeat offenders to account, improve public safety, provide a greater measure of justice and closure for victims and maintain the confidence of the public in the justice system," Ms Collins said.
"The regime will be harsh - but only for the small number of people in our community who show continued disregard for the law and contempt for society."
In the revised Bill each strike will be based on an offender receiving a conviction for a qualifying offence. In the Bill as introduced, the threshold was a sentence of five years or more for a qualifying offence.
On their third strike offenders will get the maximum sentence for the offence rather than a life sentence with a minimum period of imprisonment of 25 years as originally proposed.
As a general rule, the list of qualifying offences comprises all the major violence and sexual offences with a maximum penalty of seven years' prison or more.
"This regime will fill a gap relating to the most serious repeat offenders, yet be fair because it has provision to avoid the possibility of someone getting a life sentence for a relatively minor offence," Ms Collins said.
The regime is expected to create a gradual increase in the number of prison beds required. An extra 142 prison beds will be needed in the first 10 years. This will be taken into account by the Department of Corrections in its planning for future prison capacity.
Ms Collins acknowledged the ACT Party leadership for the constructive and co-operative way in which they worked with the Government and reached agreement on the policy.
"This Government is serious about better meeting the needs of victims. This Bill and its three-strikes provisions is an acknowledgement that the justice system exists to serve them, rather than offenders," Ms Collins said.
"By helping keep the worst repeat offenders behind bars for longer and deterring criminals from committing further crimes because of the escalating severity of sentences, this legislation will help make New Zealand a better, safer place."
Ms Collins said the Bill was currently being considered by the Law and Order Select Committee. "I will be writing to the Committee to advise them of the proposed changes and inviting them to seek further written submissions from those who previously submitted on relevant aspects of the Bill," she said.
The Select Committee is due to report back to Parliament at the end of March 2010.