Sentencing reforms to 'restore law and order' come into effect
Sentencing reforms which will cap discounts judges can give to an offender and introduce aggravating factors at sentencing, have come into effect as the government targets tougher crime consequences.
The Labour Party says the move will only exacerbate an already clogged court system, add huge costs to the taxpayer by increasing the prison population, and will not reduce crime or the number of victims.
But Justice Minister Paul Goldsmith said the sentencing reforms, which came into effect on Sunday, were about restoring real consequences for crime.
Communities and hardworking New Zealanders should not be made to live and work in fear of criminals who had a "flagrant disregard for the law, corrections officers and the general public", he said.
"We know that undue leniency has resulted in a loss of public confidence in sentencing, and our justice system as a whole. We had developed a culture of excuses."
The tougher stance was part of the government's plan to "restore law and order, which we know is working", he said.
"It signals to victims that they deserve justice, and that they are our priority." The changes include:
• Capping sentence discounts when considering mitigating factors
• Preventing repeat discounts for youth and remorse
• Introducing aggravating factors at sentencing for offences against sole charge workers and those whose home and business are interconnected
• Encouraging the use of cumulative sentencing when someone commits a crime on bail, in custody or on parole
• Requiring courts to take victims' needs and interests into account at sentencing Act backs reforms
Act MP Nicole McKee welcomed the new rules saying there had been a steady erosion of public confidence in the justice system.
"Offenders faced fewer and shorter prison sentences, while communities paid the price."
She said police data showed a 134 percent increase in serious assault leading to injury from 2017 to 2023 under "Labour's failed experiment of being kind to criminals".
"We've restored Three Strikes, and from today additional measures are coming into force to make the message even clearer."
She said the vulnerability of people who worked alone or in a business attached to their home would be "recognised in law" thanks to Act's coalition agreement to crack down on retail crime with the introduction of the aggravating factors. 'Smart on crime'
Labour's spokesperson for Justice Duncan Webb, however, said tough on crime sounded good but did not actually have the effect of reducing crime.
"We've got to be smart on crime as well. We've got to address the causes of crime which we know are poverty, family violence, mental illness and addiction, and until we address those, there'll continue to be crime and there'll continue to be victims."
Tougher sentences were just one option, he said.
"If we're gonna be serious about reducing crime and reducing harm, we've got to address those causes of crime."
Evidence showed tough on crime initiatives such as the Three Strikes law, which the government had reinstated, did not reduce victims, Webb said.
"Victims are absolutely central to the approach and the best thing we could ever have is avoiding someone becoming a victim and that means addressing the causes of crime before crime occurs.
"And absolutely I understand that when people are victims of crime they want to see the perpetrator punished and that's the right thing to happen, but I'd rather see the appropriate amount of resources put into mental health, reducing poverty, [and] eliminating homelessness, because those are things that create crime and we've seen them all increase under this government."
The fact white collar crime such as fraud - which was one of the few crimes that responded to deterrents - was not captured by Three Strikes was inconsistent, Webb said.
Webb said he had sought feedback from those in the social services, intervention, and criminal justice sectors.
"They're all frustrated with the fact the direction that's being taken is going to clog up the courts, it's going to create more offenders, it's going to create more victims and it's not actually going to address what we really want to address which is the things that cause crime."
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