'Three Strikes' Legislation Goes Before Parliament This Week

ACT New Zealand's "three strikes and you're out" policy is one step closer to becoming law. It is part of the National government's Sentencing and Parole Reform Bill being introduced to Parliament next Thursday.

Three Strikes will help keep the worst violent and sexual offenders off the streets. It will mean criminals who are convicted a third time will be sent to prison for life with a minimum non-parole period of 25 years. The sentence will be mandatory.

The Three Strikes policy was a key part of the ACT Party's general election platform. A "strike" consists of a serious violent or sexual offence, and the legislation lists these crimes specifically. For the first offence a warning will be given by the judge. On the second, the offender will get a jail term with no eligibility for parole as well as a warning of the consequences of a third conviction.

ACT Leader Rodney Hide says he is delighted the ACT policy is going to select committee for full consideration. "This is another step in implementing the confidence and supply agreement between National and ACT. I would hope that National can see their way clear to support this legislation beyond the select committee stage, as ACT believes it is good policy."

Prime Minister John Key says, "Both National and ACT campaigned strongly on a platform of dealing with law and order issues, and I am pleased another part of that agreement is being progressed with this legislation going to a select committee. I am sure the committee will give it full consideration.

"The introduction of this legislation fulfils another of National's first 100 day pledges."

Rodney Hide says it is tragic that the law was not in place before. "Seventy eight innocent people would be alive today if the thugs who murdered them had been kept in prison after being convicted of more than three violent crimes.

"William Bell had 102 prior convictions, including many for violence. Under this Bill there will be no more William Bells because they will be safely locked up. Criminals such as him are ticking time bombs."

Three Strikes Legislation – Q & As

What will this Bill do?
The Bill will make changes to sentencing and parole legislation, ensuring that violent recidivist criminals are kept off the streets. The Bill introduces a Three Strikes approach to dealing with offenders. On the first "strike" an offender will receive a warning from the sentencing Judge. On the second conviction, the result will be a jail term with no eligibility for parole. In addition the offender will receive a second warning, pointing out the consequences of a further conviction. On the third strike, the offender will receive mandatory life imprisonment with a minimum non-parole period of 25 years.

What constitutes a strike?
A schedule clearly defining what constitutes strike offences is part of the legislation. It lists the most serious violent and sexual offences including murder, attempted murder, grievous bodily harm, serious firearms offences, rape, and a range of sexual offences on children and young people.

Does similar legislation exist elsewhere in the world?
A number of states in the US have Three Strikes laws. The best known example is in California where there have been some cases of offenders becoming eligible under Three Strikes laws for jail sentences of 25 years to life for relatively minor and non-violent offences (burglary, vehicle theft etc). This is impossible under the proposed New Zealand legislation as the strike offences are limited solely to those listed in a schedule in the Bill, and consisting only of offences involving serious physical or sexual violence.

Is the Bill retrospective?
No. Offenders already in prison will start with a clean slate in relation to this legislation. Only offences committed after the Bill becomes law will constitute a strike.

Will it result in an immediate rise in prison numbers and a consequent need for new prisons?
No. It will take time for the Bill to take full effect with the first "three striker" not expected to be sentenced for 25 years-to-life for over a decade. The intention is that, as the number of "two strikers" increases, violent offenders will modify their behaviour after realising they are a single violent or sexual offence away from a 25 years-to-life prison sentence.

Why is this Bill being passed?
It is a key part of the confidence and supply agreement signed by the ACT and National parties. Both campaigned heavily on law and order in the election campaign, recognising that the previous government had failed in its pledge to keep New Zealanders safe. This Bill will keep the most violent recidivist criminals under lock and key as well as provide a deterrent to further offending. It is designed to prevent violent criminals like William Bell, Graham Burton and Antonie Ronnie Dixon ever getting the chance to go on to kill.