Three strikes act used on 132 offenders in six months

Police and Corrections Minister Judith Collins. Photo / APN

The three strikes law for violent or sexual criminals has been used on 132 offenders since last June, mostly in cases of aggravated robbery and indecent assault.

The new law was backed by the National and Act parties as a way to punish the worst offenders, but was vehemently opposed by Labour and the Greens as taking away judges' discretion in sentencing and potentially punishing criminals too harshly for minor offences.

The Sentencing and Parole Reform Act imposes a graduated scale of harsher penalties for repeat criminals who are convicted of one of 40 violent or sexual offences.

An offender receives a normal sentence and a warning for strike one, a sentence without parole for strike two, and the maximum sentence for that offence, without parole, for strike three.

The act came into force on June 1 last year. At December 6, there were 132 offenders who had been convicted of a strike offence and given a first strike warning.

No second or third strikes have been issued.

The total number of strike offences was 274 - some offenders received a warning relating to multiple offences in the same incident.

Police and Corrections Minister Judith Collins said the figures were "not out of kilter" what had been expected.

She said most people convicted of a strike offence would be sent to jail, which would explain why there had been no second or third strikes.

"They are most likely in jail. That tends to slow down their ability to have a second strike.

She said it was too early to say whether the law was having any deterrent effect, which was a prospect applauded by its supporters but questioned by Ministry of Justice officials.

Ms Collins said criminals probably did not realise the law had changed until they received their first warning.

"They don't always watch parliamentary television, or read the Herald - even though they should, and then they might be better behaved."

Documents released under the Official Information Act show the Corrections Department expected the new law to each year put three to four criminals who would otherwise not have spent a night behind bars in jail for a minimum of seven years. .

Between 1998 and 2008, 40 offenders were convicted of what would have been a third strike offence, but judges considered their crimes to be so minor that they served non-custodial sentences.

This translates to 32 prisoners behind bars on strike three sentences - or three to four a year - who would previously have received community-based sentences.

Under the new law, they would have sentences of between seven years (for indecent assault, the most minor of strike offences) to life in prison.

The numbers do not take into account any potential deterrent effect or that a judge can discharge without conviction at the first or second strike stage.

DOING THE TIME

First strike offences from June 1 to December 6, 2010

* Aggravated robbery - 69
* Indecent assault - 58
* Wounding with intent - 33
* Robbery - 29
* Injuring with intent - 20

From 1998 to 2008

Average time served in prison - not the sentence - for a strike three conviction (in brackets: what they would serve under the three strikes system)

* Sexual violation - 5.55 years (20 years)
* Indecent act on child - 1.13 (10)
* Attempted sexual connection with a young person - 0.12 (10)
* Attempted murder - 8.13 (14)
* Discharging a firearm or doing act with intent to cause grievous bodily harm - 0.8 (14)
* Robbery - 1.85 (10)
* Aggravated robbery - 3.77 (14)
* Manslaughter - 3.73 (33)

Source: Corrections Dept and Ministry of Justice