Act dilutes policy in talks with National

David Garrett. Photo / Supplied

A diluted but still hardline version of Act's three strikes policy is now on the negotiating table with the National Government.

Act MP and three strikes architect David Garrett said Act would support any amendment that would have impact, citing a "three strikes and the max" version.

Instead of the third strike offence leading to the offender being "struck out" with a 25-year-to-life sentence, they would instead get the maximum sentence for the offence.

Mr Garrett said this would see an offender whose third strike offence was aggravated robbery serving 14 years - the maximum prescribed in the Crimes Act - rather than the four or five years such an offender would likely serve now.

The sentencing judge's discretion to give a lower sentence for mitigating circumstances would be removed.

Mr Garrett said this version could avoid many of the "supposed" human rights issues arising from the 25 to life sentence.

Attorney-General Chris Finlayson has previously found this sentence had an apparent inconsistency with the Bill of Rights protecting New Zealanders against cruel, degrading or "disproportionately severe" punishment.

The three strikes and the maximum version would also allow for a "life means life" sentence if the offender's third strike was murder, which would satisfy the call of many law-and-order hardliners.

A spokesman for Justice Minister Simon Power confirmed he was in talks with Act about the policy, but was not prepared to give details of possible compromises while it was under consideration.

Prime Minister John Key gave the prospect of three strikes some renewed hope this week, when he said it had "some merit".

The policy appeared to be falling apart earlier in the year after changes in its merger with National's sentencing policy rendered it largely ineffective, with the manipulated format derided by the Sensible Sentencing Trust.

The main problem was National's five-year threshold to earn a strike that created a hurdle so high that not even offenders like RSA triple-killer William Bell would have been struck out.

Mr Garrett yesterday said the five-year sentence threshold had to be removed if an amended three strike was to work.

Three strikes would not affect the current prison overcrowding crisis because the full impact would not start until about 15 years' time when offenders started hitting the third strike.

Meanwhile, Police Minister Judith Collins said she was hopeful of having her car crushing legislation in place by Christmas after Act and the Maori Party confirmed their support to pass it yesterday.

Mr Garrett said the bill was consistent with Act's three strikes policy, with the crushing of vehicles happening after a person was convicted a third illegal street racing offence

Mr Garrett said the party initially had concerns about the possible infringement of property rights, this had to be balanced with ordinary citizens" rights to enjoy their environment without threat from "hoons".

NEW VERSION
* An offender commits three prescribed "strike" offences.
* On the third strike, the judge must give the maximum sentence for that offence.
* In the case of murder, life would mean life, or rape, 20 years.