The Sentencing and Parole Reform Bill will greatly extend the time it takes before the worst criminals can re-enter the community. JOSIE CLARKE looks at the Government's answer to those calling for harsher punishments.
The Criminal Justice Act is to be replaced with two new acts - the Sentencing Act and the Parole Act. These will be created by a new bill to be introduced to Parliament about the middle of this year.
What prompted the new plans?
In the referendum at the previous election, 92 per cent voted "Yes" to the question: "Should there be reform of our justice system placing greater emphasis on the needs of victims, providing restitution and compensation for them and imposing minimum sentences and hard labour for all serious violent offences?"
The referendum was prompted by a petition from Norm Withers of Christchurch, whose mother was beaten during a robbery.
Justice Minister Phil Goff promised a sentencing review during this term of Government to look at issues such as longer sentences, and said the Government would also look at toughening parole provisions.
He told district judges in March last year that the public perception was that the worst offences were not receiving adequate penalties.
Why does the law need changing?
The law relating to sentencing and parole is in the Criminal Justice Act 1985, which has been amended numerous times and led to inconsistent sentencing.
The act now contains automatic final-release provisions which mean authorities have to release most prisoners after two-thirds of their sentence (or earlier) so that they serve a third or more of their sentence in the community.
This applies even if they are at high risk of reoffending.
The Sentencing and Parole Reform Bill replacing the Criminal Justice Act with two new acts is designed to address the law's shortcomings.
Mr Goff says the bill will be tougher on the worst offenders, provide greater flexibility in sentencing to reflect the seriousness of the crime and give victims a better deal.
Clear sentencing guidelines will leave judges in no doubt that the most serious offences should receive a sentence near the maximum available, he said.
"This is a balanced measure designed to create flexibility while ensuring those people ... who present the greatest risk to our society can and will be kept away for a longer period of time," said Mr Goff.
How will the new law deal with the worst murderers?
Those guilty of the worst types of murders will now wait much longer before becoming eligible for parole.
The minimum non-parole period for these murders will increase from 10 to 17 years, which will be just a starting point.
Guidelines will specify when the judge should sentence a murderer to a non-parole period of 17 years or more.
Aggravating factors will include the motive, the level of premeditation, the nature of the act itself (for example, a home invasion or extreme brutality) or the type of victim (for example, when the victim is a child or a law enforcement official).
Someone such as Paul Dally, who tortured, raped and abused 13-year-old Karla Cardno for 22 hours before bludgeoning her and burying her alive in a shallow grave, should attract a minimum sentence of much more than 10 years, said Mr Goff.
Judges will be able to impose a non-parole period of more than 17 years in cases that are sufficiently serious.
Preventive detention will also be modified. The age at which an offender may be classified as dangerous and sentenced to an indeterminate sentence will drop from 21 to 18.
Will the new law make a distinction between mercy killings and crimes like home invasion?
Yes. Judges will be given more scope when sentencing murderers. At present the law does not provide sufficient distinction between a mercy killing and a home invasion murder.
The law proposes that judges be allowed to sentence some murderers to less than the current mandatory 10-year prison term.
For instance, if Janine Albury-Thomson had been convicted of murder for killing her severely autistic daughter Casey because she could not cope, she would have faced a 10-year prison term under the present law.
In the event, although Albury-Thomson was initially charged with murder, she was convicted of manslaughter. A four-year sentence for strangling the 17-year-old daughter was reduced on appeal to 18 months.
How will the parole system change?
Automatic final release for convicts who have served two-thirds of their prison sentence will be abolished. Authorities will be able to keep offenders in prison until their sentence expires, and control released prisoners for at least an extra six months after they are released back into the community.
Criminals sentenced to life or preventive-detention sentences may have to wait up to five years between applications for parole instead of being considered each year.
Offenders serving more than two years' imprisonment will be eligible to be considered for parole after serving one-third of their sentence.
The idea is that while dangerous offenders can be locked up for longer, offenders who do not pose a threat can instead be monitored in the community for the balance of their sentence.
Short-term (less than two years) prisoners have a final release date at one-half of sentence and no earlier parole eligibility.
Offenders will be released on parole only if the Parole Board is satisfied that they do not pose an undue risk to public safety.
The board will be able to keep offenders who pose a risk in prison right up until their final release date.
Will there be changes to the Parole Board?
Yes. A New Zealand Parole Board will replace the present Parole Board and District Prisons Boards. The new board will be a single, professional body with nationwide responsibility for making parole decisions.
This will ensure greater consistency, accountability and public confidence in parole decisions.
The board will follow the fundamental principle that the protection of society should be paramount.
How will victims benefit from the new acts?
The law introduces a strong presumption in favour of reparation for victims, and an extension of reparation so it covers victims for physical harm, emotional harm and property loss or damage.
Judges must give reasons if they do not order reparation.
Courts will have a new power to order compensation for property loss or damage even if the offender has been discharged without conviction, convicted and discharged, or convicted and had their sentence deferred.
When will the bill become law?
The bill will be introduced to Parliament by the middle of this year. The select committee will seek public submissions and report back before the end of the year.
After public consultation, it is intended that the bill be passed into law by March next year.
How much will it cost?
Mr Goff says the net cost of the proposed changes is estimated to be $90 million over four years. This figure will be made up of operational costs and capital expenditure.
The proposed changes will increase the prison population by an estimated 300, after year four.
Mr Goff says this total reflects the number of dangerous prisoners currently being released when they should not be, and who pose a real threat to public safety.
Tougher line takes shape in new laws
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