Criminals whose offending is motivated by a victim's race, religion or sexuality will face harsher sentences under proposed law changes.
The "hate crime" motivation, to be considered as an aggravating factor in sentencing, will be added to the Sentencing and Parole Reform Bill, which was introduced last August and is expected to become law within six weeks.
The bill gives judges the power to increase the minimum non-parole period for murderers from 10 years to 17 years.
But it also makes the standard non-parole period for serious offences one-third of the sentence. At present, serious offenders can be released after serving two-thirds of the sentence.
Parliament's cross-party justice and electoral committee has heard submissions on the bill and recommended a raft of amendments in its report, which was released yesterday.
As well as the hate crime clause, the committee has recommended:
That judges must impose the minimum non-parole period of 17 years for the worst types of murder, unless to do so would be "manifestly unjust"
New guidelines for discharges without conviction to avoid allegations of bias in favour of professional and wealthy people
Giving more muscle to alternatives to suspended sentences, which will be abolished
Giving victims a stronger voice at sentencing
Tripling the opportunities for using restorative justice.
The Government and the Green Party supported the changes, saying they welcomed the tone and content of the bill and believed it would guide sentencing and parole practice for years to come.
"It walks a careful course, driven by two imperatives which do not contradict each other," the report said.
"The bill responds to the understandable public anger and fear about aspects of the practical workings of sentencing and parole systems.
"It also promotes practical operation of restorative justice, an approach likely to become increasingly important as Government-funded pilot schemes report back and their lessons are incorporated into law, policy and practice."
National and Act opposed the bill and included minority reports.
National said many of those making submissions had noted that violent criminal activity was gradually degrading society that law-abiding citizens could no longer be assured of living their lives in peace.
"The bill makes it possible for an armed robber who has not physically harmed anyone in the course of committing an offence to receive a longer sentence than a convicted murderer.
"It does not meet the demands of a public which has spoken out strongly for some time against both violent crime and the justice system, which has allowed dangerous offenders to remain at large in the community."
Act said the bill did several useful things, such as prescribing the minimum 17-year sentence for the worst murderers, but it did more for criminals than for victims.
As examples, Act cited changing the non-parole period for serious violent offences, abolishing a judge's power to set minimum non-parole periods for any serious, violent offence and increasing the minimum age for imprisonment from 16 to 17, except for serious offences.
"The bill is encrusted with new processes and rights of appeal and review," said Act MP Stephen Franks.
"It takes away existing court powers."
Victim Support chief executive Steve Caldwell welcomed the inclusion of the hate crime provision.
"Compared to many crimes, hate crime victims are not in the wrong place at the wrong time," he said.
"In a hate crime, victims or their property are attacked for being different, for being misunderstood and for being hated."
The new laws will take effect from July 1.
- NZPA
'Hate crimes' to be met with tough punishment
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