‘Three Strikes’ law to return
The Government will reinstate the “Three Strikes” law, demanding that judges hand down lengthier, or the maximum, prison sentences for criminals who reoffend.
Prime Minister Christopher Luxon and Associate Justice Minister Nicole McKee yesterday announced the Government would legislate to reintroduce such a regime, which was abolished by Labour in 2022.
“We are turning our attention to the harm done by repeat serious offenders. Criminals need to know that their actions will not be tolerated by this Government,” Luxon said.
McKee said: “Our Government is committed to restoring law and order, and enforcing appropriate consequences on criminals.”
The new regime will:
■ Cover the same 40 serious violent and sexual offences as the former legislation, with the addition of the new strangulation and suffocation offence.
■ Introduce a new requirement that the Three Strikes law will apply only to sentences above 24 months.
■ Extend the use of the “manifestly unjust” exception to allow some judicial discretion to avoid very harsh outcomes.
■ Provide a limited benefit for guilty pleas to avoid re-traumatisation of victims, and to improve court delays.
■ See that people who commit murder at second or third strike receive an appropriately lengthy non-parole period.
The minister intends to bring a draft bill and paper to the Cabinet by the end of June.
Reintroducing the Three Strikes regime, first brought about by a National government supported by ACT in 2010, was an election promise of both parties.
Three Strikes is seen by the centre-right coalition Government as acting as a deterrent to reoffending. However, it attracted concern from judges for requiring disproportionate sentences to be imposed, and a Ministry of Justice study found there was “inconclusive” evidence of it reducing crime.
The regime, as it was in 2010 to 2022, required judges to give offenders a “strike” warning if convicted of one of some 40 major violent or sexual offences that have a maximum jail penalty of seven years or greater.
A first strike would garner a warning. A second strike on a qualifying offence would prompt a “final warning” and a requirement that, if sentenced to imprisonment, the full sentence be served without early parole.
A third strike required a judge to hand down the maximum sentence possible, without parole, unless this was “manifestly unjust”.
Labour leader Chris Hipkins labelled the Government’s plans as “tough on crime posturing”, suggesting its cuts to Customs will make it easier to import drugs and contribute to violent crime.