Justice Minister Paul Goldsmith. Photo / Dean Purcell
Justice Minister Paul Goldsmith. Photo / Dean Purcell
New sentencing reforms are set to take effect from today in a move the Government says will restore “real consequences for crime”.
The reforms, which include capping sentence discounts and preventing repeat discounts for youth and remorse, aim to strengthen the criminal justice system.
“Communities and hard-working New Zealanders should not be made to live and work in fear of criminals who clearly have a flagrant disregard for the law, Corrections officers and the general public,” Justice Minister Paul Goldsmith said.
“We know that undue leniency has resulted in a loss of public confidence in sentencing, and our justice system as a whole.
Justice Minister Paul Goldsmith says undue leniency has reduced public confidence in sentencing and New Zealand's justice system as a whole.
The changes have been criticised by some Opposition MPs, with Labour justice spokesman Duncan Webb suspecting they would lead to an increase in discharges without convictions, defeating the purpose of the reform to give stronger punishments to offenders.
“Slogans make bad policy,” he said in March.
Goldsmith said this Government had promised to restore consequences for crime.
“That’s exactly what we’re delivering. It’s part of our plan to restore law and order, which we know is working.
“This is a significant milestone in this Government’s mission to restore law and order. It signals to victims that they deserve justice, and that they are our priority.”
What are the changes?
The reforms aim to strengthen the criminal justice system by deterring would-be offenders and preventing undue discounts.
One of the changes involves a cap on sentence discounts. Judges can now only apply a discount of up to 40% for mitigating factors unless the resulting sentence would be manifestly unjust.
Limits will also be in effect to prevent the repetition of discounts. Youth and remorse can no longer be repeatedly used to justify lighter sentences without evidence of genuine behavioural reform.
The Government has set a maximum 25% discount for guilty pleas, with discounts decreasing according to how late the plea was made.
Cumulative sentences will be encouraged for those who offended while on bail, in custody or on parole.
Changes will also be made to the response to retail crime, including a new aggravating factor that targets crimes against sole-charge workers and those whose home and business are linked.
A sliding discount scale has been introduced of up to 25% for early pleas, decreasing to 5% if made during trial.
“This will prevent undue discounts for late-stage guilty pleas and avoid unnecessary trials that are costly and stressful for victims.”
An amendment has also been made to the principles of sentencing, which must now take into consideration any information presented about the impact on victims.
The Government also introduced two aggravating factors that would target adults who helped young people to offend and those who livestreamed their criminal acts – two proposals that had come from the previous Labour Government.
Labour leader and former Prime Minister Chris Hipkins. Photo / Dean Purcell
The reforms were criticised in recent months by senior Labour MPs who spoke on the Sentencing (Reform) Amendment Bill, but party leader Chris Hipkins wouldn’t confirm whether a future Labour-led government would scrap the new laws.
“We don’t want to end up in a race to sentence people longer and see who can dish out the most punitive sentences when they don’t actually reduce crime or even deter crime, but nor am I saying that we’re going to make it easier or reduce sentences,” he said.
During a speech in the House in March, Webb described the bill as a “knee-jerk reaction” and said it would remove judges’ ability to weigh up the circumstances surrounding a person’s offending.
Green MP Lawrence Xu-Nan also claimed the bill compromised New Zealand’s constitutional arrangement regarding the relationship between Parliament and the judiciary and believed it would do little to address the true drivers of crime.
