Sentencing and Parole Reform Act 2010
Sentencing and Parole Reform Act 2010 Three strikes statistics
The Sentencing and Parole Reform Act 2010 came into force on the 1st of June 2010. The legislation creates a three stage regime of increasing consequences for repeat serious violent offenders.
There are 40 qualifying offences comprising all major violent and sexual offences with a maximum penalty of seven years imprisonment or more, including murder, attempted murder, manslaughter, wounding with intent to cause grievous bodily harm, sexual violation, abduction, kidnapping, and aggravated robbery.
The full list can be found in section 86A of the Sentencing Act 2002, available online at www.legislation.govt.nz.
A first warning is issued when an offender aged 18 or over at the time of the offence, and who does not have any previous warnings, is convicted of a qualifying offence. Once an offender has received a first “strike” warning, it stays on their record for good (unless their conviction is quashed by an appellate court).
If that offender is subsequently convicted of another qualifying offence committed they receive a final warning and, if sentenced to imprisonment, will serve that sentence in full without the possibility of parole. The first and final warnings will stay on the offender’s record.
Click here to download the current warnings statistics broken down by month.
On conviction of a third qualifying offence the court must impose the maximum penalty for the offence. The court must also order that the sentence be served without parole, unless the court considers that would be manifestly unjust (what does this mean?).
