Debate on Sentencing (Reinstating Three Strikes) Amendment Bill

On Tuesday, 10 December 2024, with a continuation scheduled for Friday, 13 December 2024, lawmakers engaged in an extensive debate over the Sentencing (Reinstating Three Strikes) Amendment Bill at the House of Representatives. The discussion focused on amendments to the Sentencing Act 2002, particularly clauses 3 to 12 and Schedules 1 and 2.

Administrative Logistics and Court Backlogs

Dr Lawrence Xu-Nan from the Green Party raised concerns about potential court backlogs due to amendments, especially when offenders are not present during initial sentencing decisions that trigger warnings. Associate Minister of Justice, Hon Nicole McKee, reassured the committee by highlighting a six-month implementation period intended for preparation and judicial education.

Offender Comprehension of Warnings

Dr Xu-Nan questioned whether offenders with dyslexia or neurodivergency would fully understand the complex warning system. Minister McKee emphasized that both oral and written warnings will be used to ensure clear communication, aiming to enhance understanding among affected individuals.

Disproportionate Impact on Māori Offenders

Concerns about potential disproportionate impacts of the three-strikes regime on Māori were raised by Dr Xu-Nan, citing historical data indicating that 81 percent of those receiving a third strike under the previous system were Māori. Minister McKee did not address these specific concerns directly but emphasized that the bill targets behavior rather than race.

Judicial Discretion and Legislative Clarity

Hon Dr Duncan Webb from Labour expressed concern over the lack of guidance for judges when issuing warnings, suggesting amendments for clearer wording to ensure consistency across cases. Minister McKee acknowledged these concerns but underscored existing judicial discretion mechanisms while maintaining the bill's objectives.

Voting Outcome

The debate concluded with a vote on Part 1: Amendments to Sentencing Act 2002. The votes were as follows:

• Ayes: New Zealand National (49), ACT New Zealand (11), New Zealand First (8)
• Noes: New Zealand Labour (22), Green Party of Aotearoa New Zealand (15), Te Pāti Māori (6)

Part 1 was agreed to. Despite several proposed amendments not gaining traction, this legislation marks a significant shift in sentencing policy aimed at addressing repeat offenses among serious criminals.

The session highlighted ongoing tensions between ensuring effective justice reform and addressing potential social inequities. As lawmakers continue to navigate these complex issues, the focus remains on balancing public safety with fairness and clarity within the legal system.