Below is a list of answers to some of the most frequently-asked questions I’ve received.  A schedule of ‘strike offences’ can also be found at the bottom.

How will the three strike regime work?

For the first qualifying offence the offender will receive a sentence solely as determined by the court.  For the second offence, the offender will serve any prison sentence that is imposed in full, without parole.  For the third offence, the court will be required to impose the maximum sentence for that offence with no parole.

However, the court can decide not to order the maximum sentence be served without parole if it would be manifestly unjust to impose such an order. The regime will only apply to offending by people aged 18 years and over.  It will not be retrospective – it will only apply to offences committed after the legislation comes into force.

What constitutes a “serious crime”?

“Serious crime” comprises practically all the violent and sexual offending with a maximum penalty of seven years imprisonment or more. It includes all those offences listed in the current bill before the Law and Order Committee, apart from acid throwing and incest.

Murderers can already be sentenced to life with no parole. Does that mean that all third-strike murder convictions will receive life without parole?

No, currently murderers cannot receive a life sentence without parole from the court. They must be sentenced to life imprisonment unless the judge deems such a penalty would be unjust when applied to a particular offender.

Under the proposed new regime the court must order the sentence of life imprisonment be served without parole unless it would be manifestly unjust.

We have to be comfortable that the sentence fits the crime. I’m sure that this aspect of the Bill be will be carefully considered by the Law and Order Select Committee.

Will the public have an opportunity to provide their views on this change to the Bill given that submissions have already been heard?

Yes, the Minister of Police will be writing to the Chair of the Law and Order Committee to advise them of the proposed changes.  Because of the significance of the changes, the Committee will be invited to seek further written submissions on the changes from those who previously submitted on relevant aspects of the Bill.

Which other countries use this policy, and has it been successful?

Twenty-six states in the US have enacted three-strikes laws since 1993.

In California, where three strikes was introduced in 1994, the law has had two effects: it has kept repeat career criminals behind bars for longer and it has deterred criminals from committing further crimes because of the escalating severity of sentences. The number of third strikers declined every year from 1997 – 2003.

Source: IACJ Journal, Summer 2007, p8.

A 1999 FBI study determined that “since California enacted its three-strikes law in 1994, crime has dropped 26.9 percent …”

Source: Schafer, The Deterrent Effect of the Three Strikes Law, FBI law Enforcement Bulletin (Apr 1999).

In the 10 years prior to three-strikes in California, the state built 19 new prisons. Ten years after three strikes no new prisons were built.

Source: California dept of Justice and California Dept of Corrections, A decade of Difference – three Strikes 1994-2004.

Do you have concerns about the removal of judicial discretion which is at the heart of our justice system? Surely it is fair that sentences should be passed by someone who has heard the evidence?

The proposed Bill does have provision for judicial discretion.

In the second stage of the process, judicial discretion remains with regards to the sentence imposed. The offender will be required to serve any sentence of imprisonment that is imposed in full, without parole.

Stage three of the proposed new regime removes judicial discretion in sentencing, but does enable judges to not make an order for the sentence to be served without parole if would be manifestly unjust to impose such an order.

It is essential that our justice system has the confidence of the public to hold serious repeat offenders to account, improves public safety, and provides a greater measure of justice and closure for victims.

How many offenders are likely to be affected?

The impact on the New Zealand prison population is estimated at 56 beds after five years, 142 beds after 10 years, 288 after 20 years, 433 after 30 years and 725 after 50 years.

These figures are based on 1980 – 2008 figures and do not factor in the deterrent effect of the new policy. As such, they are expected to be conservative.

How much is this policy likely to cost?

After 5 years:  the operating cost is estimated to be $5.1 million per year with a total capital cost of $22.4 million.

After 20 years: the operating cost is estimated to be $26.2 million per year and the capital cost will be a total of $115.2 million.

After 50 years: the operating cost is estimated to be $66 million per year and the capital cost will be a total of $290 million.

This policy will only catch a tiny number of offenders. Why bother?

It will hold serious repeat offenders to account, improve public safety, and provide a greater measure of justice and closure for victims.

A 1999 FBI study determined that since California enacted its three-strikes law in 1994, crime has dropped 26.9 percent.

In the 10 years prior to three-strikes in California, the state built 19 new prisons. Ten years after three strikes no new prisons were built.

The policy will be harsh – but only to the very worst repeat violent offenders.

Is this legislation retrospective, i.e. will qualifying offending have to take place following the introduction of the legislation?

No. 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. Given the relatively short sentences often given for first violent offences – commonly 3-5 years – the first ‘second strikers’ may be sentenced to a term of imprisonment without parole quite quickly.  It is probable that we will begin to see more third strikers 8-10 years from the date the Bill comes into force.  

What are the serious offences that will be covered by the regime?

Murder, Maximum sentence Life

Manslaughter, Life

Sexual violation, 20 years

Attempted murder, 14 years

Sexual connection with consent induced by threat, 14 years

Sexual connection with child, 14 years

Compelling indecent act with animal, 14 years

Wounding with intent to cause grievous bodily harm, 14 years

Aggravated wounding, 14 years

Discharging firearm or doing dangerous act with intent to cause grievous bodily harm, 14 years

Using a firearm against a law enforcement officer, etc, 14 years

Abduction for purposes of marriage or sexual connection, 14 years

Kidnapping, 14 years

Aggravated burglary, 14 years

Aggravated robbery, 14 years

Causing grievous bodily harm with intent to rob or assault with intent to rob in certain circumstances, 14 years

Attempted sexual violation, 10 years

Assault with intent to commit sexual violation, 10 years

Attempted sexual connection with child, 10 years

Doing an indecent act on a child, 10 years

Sexual connection with young person, 10 years

Attempted sexual connection with young person, 10 years

Exploitative sexual connection with person with significant impairment, 10 years

Attempted exploitative sexual connection with person with significant impairment, 10 years

Injuring with intent to cause grievous bodily harm, 10 years

Using a firearm to resist lawful arrest or detention, 10 years

Commission of crime with a firearm, 10 years

Robbery, 10 years

Sexual connection with dependent family member, 7 years

Attempted sexual connection with dependent family member, 7 years

Indecent act on a young person, 7 years

Indecent assault, 7 years

Wounding with intent to injure, 7 years

Aggravated injury, 7 years

Discharging firearm or doing dangerous act with intent to injure, 7 years

Assault with intent to rob, 7 years