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Home / Hawkes Bay Today

Three-strike rule proving a deterrent

By Kim Fulton
Hawkes Bay Today·
24 Oct, 2015 03:00 AM2 mins to read

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Just three offenders have been given final warnings under "three strikes" legislation in Hawke's Bay courts in the five years since the law was introduced in 2010.

Ministry of Justice figures showed 58 offenders received first warnings under the legislation in Hastings, Napier and Wairoa courts between January 1 and September 30 this year.

Last year there were 58 first warnings and the previous year there were 51.

Three second strikes had been issued in Hawke's Bay courts since the legislation was introduced, according to the figures. One second strike was issued this year, one last year and one in 2013.

No one has yet received a third strike anywhere in the country.

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Former local Act Party candidate Duncan Lennox said the difference between the number of first and final warnings showed people were heeding the risks of continuing to offend.

"Three strikes" is Act Party policy and Mr Lennox has been involved with the party since its inception.

He said he thought the legislation sent a strong message to first-strike offenders.

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"We certainly need to do all we can to try and keep these violent crimes on the down."

A decrease in the number of first warnings would also be ideal, as long as it represented a significant change in offending, he said.

The Sentencing and Parole Reform Act 2010 came into force in June 2010, creating a three-stage regime of increasing consequences for repeat serious violent offenders, according to the Ministry of Justice.

There were 40 qualifying offences, comprising all major violent and sexual offences with a maximum penalty of seven years imprisonment or more.

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A first warning was issued when an offender aged 18 or over who did not have any previous warnings was convicted of a qualifying offence.

Once an offender received a first strike warning, it stayed on their record forever, according to the ministry.

If an offender was convicted of a second qualifying offence they received a final warning and - if sentenced to imprisonment - would serve the sentence in full without the possibility of parole.

On conviction of a third qualifying offence the court must impose the maximum penalty for the offence.

The court must also order the sentence be served without parole, unless the court considered it would be manifestly unjust.

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