Volume 4, Issue 26, November 1995

A Summary of:

Conviction and Sentencing of Offenders in New Zealand : 1985 to 1994

Author: Philip Spier
Strategic Assessment Group

Introduction

This is the fifth report in an annual series. As with the other reports, trends in the number of convictions and in sentencing were examined, this time over the ten year period 1985 to 1994, using data extracted from the Wanganui Computer. Conviction and sentencing information is presented for offending overall, for offences categorised into groups, and for some selected individual offences. Trends in the offences committed by young offenders which involved a court appearance, and the sentences imposed on these offenders between 1986 and 1994 were also examined, as were a number of other topics.

Each publication in the series includes a more in- depth look at some particular issue or issues. In this report the use of suspended prison sentences in 1994, the proportion of prison sentences which are served, the use of reparation over the last four years, and trends in prosecutions for young adults were issues which were examined in more depth.

Convictions for All Offences Except Traffic Offences

The total number of prosecutions for non-traffic offences has increased significantly in each of the last three years, with the 1994 figure being the highest recorded in the nine year period for which data on all prosecutions were available. Convictions have also increased strongly in number in recent years. The proportion of prosecutions which resulted in a formally recorded verdict of the court that the charge was proved has been lower since 1990. This trend was influenced by both an increased use of diversion by the police from the late 1980s, and the introduction of the Children, Young Persons, and Their Families Act 1989 which emphasised diversion from the court process for young offenders.

The average seriousness of the offences resulting in conviction in the 1990s is considerably higher than for offences in the mid 1980s, with the highest level reached in 1992.

The total number of convictions for violent offences in 1994 (16,003) was considerably higher than the number in any other year in the past decade (see Figure 1).

There was a considerable increase in the number of convictions for violent sex offences over the ten year period. Overall, convictions for such offences more than tripled in number from 448 to 1,898. The number of convictions for rape and indecent assault were higher in 1994 than in any previous year in the last decade. Three-quarters of the convictions for a violent sex offence in 1994 involved a victim aged 16 years or less. Over a third of the convictions for such offences in 1994 related to offences which occurred prior to 1990.

The total number of convictions for non-sexual assaults of various types has nearly doubled since 1985. Much of this increase has occurred in the category "male assaults female", the majority of which are domestic related. The large increase is partly a reflection of a change in police practice towards arrest and prosecution of the offender when attending domestic incidents. The number of convictions for injuring or wounding, aggravated assault, and "other" assault (mainly common assault) were higher in 1994 than in any other year in the last decade.

The number of convictions for fraud and receiving stolen property have been higher in the last three years. The number of convictions for burglary in 1994 was the lowest figure in the last four years.

The total number of convictions for drug offences remained quite stable between 1989 and 1992, then increased in each of the last two years to reach the highest level in the last decade (14,220). There has been an upward trend in the number of convictions for dealing in cannabis offences, particularly in recent years.

A large majority (81%) of the cases which resulted in conviction in 1994 for a non-traffic offence involved a male offender. Forty-three percent of the cases involved European offenders, 36% involved Maori offenders, 6% involved Pacific Island offenders, 1% involved offenders of some other ethnicity, and for 13% of the cases the ethnicity of the offender was not recorded in the data. Eighteen percent of the cases which resulted in conviction in 1994 for a non-traffic offence involved a teenage offender, 26% involved 20 to 24 year olds, and 18% involved 25 to 29 year olds.

The types of non-traffic offences resulting in conviction differed by region. The proportion of non-traffic convictions which involved violence in each region ranged from 8% in Paeroa and Rangiora, to 21% in Taihape. Property offences accounted for just over a quarter of the convictions in Taupo and Alexandra, while in Wanganui, Taihape, Lower Hutt, Blenheim, Christchurch, Rangiora, and Invercargill at least half of the convictions involved property offences.

Sentencing for All Offences Except Traffic Offences

There has been a slight proportional drop in the last two years in the use of custodial and all community based sentences except supervision for non-traffic cases (see Figure 2). As well as the percentage of cases resulting in supervision increasing, monetary penalties were imposed more often as the most serious sentence for non-traffic cases in 1993 and 1994. These patterns were repeated for most types of offence. The average seriousness of cases involving non- traffic offences nearly doubled between 1985 and 1992, then dropped to a slightly lower level in 1993 and 1994. The slightly lower seriousness of non-traffic cases resulting in conviction in 1993 and 1994 may account, to some extent, for the proportional decrease in the use of custodial sentences and periodic detention, and the corresponding increase in the use of monetary penalties in these years compared to 1992.

The Crimes Amendment Act (No. 3) 1993 increased the maximum penalty for both rape and unlawful sexual connection from 14 years to 20 years. The average length (including preventive detention) of the custodial sentences imposed for rape in 1994 was 84.1 months (just over 7 years), much higher than any other figure in the last decade. In the three previous years, rapists had sentences imposed of 71 months (just under six years), on average. The average length of custodial sentences imposed for unlawful sexual connection in 1994 (51.9 months) was the highest since the offence was introduced in 1986.

Convictions and Sentencing for Traffic Offences

In 1994, just under a third of all convictions resulted from traffic offences.

The number of convictions for driving while disqualified and driving with excess alcohol increased considerably until 1991, then decreased thereafter. The number of convictions for driving offences which resulted in the death of another person in 1993 and 1994 were the lowest recorded in the last decade.

A sizeable proportion of all cases sentenced to a community based sentence relate to a traffic offence. In 1994, 36% of all periodic detention cases, 50% of all community service cases, 19% of all supervision cases, and 23% of all community programme cases were the result of a traffic offence.

Court Statistics on Young Offenders

The introduction of the Children, Young Persons, and Their Families Act 1989, with its emphasis on diversion from the court process, had a significant effect on court statistics. The number and type of cases coming before the courts changed dramatically, and as a result, so did the sentences which were awarded by the courts.

Although the number of cases involving young offenders was decreasing slowly anyway, the implementation of the CYP&F Act saw the total number of cases drop sharply from 8,193 in 1989 to 2,352 in 1990. There has generally been a slowly increasing trend in the number of cases since then.

The Use of Custodial and Community Based Sentences For All Offences

The total number of custodial sentences imposed has generally shown a slowly increasing trend over the last decade, other than a drop in the number in 1988 and in 1994. The decrease in 1994 was mainly due to some imprisonment sentences being suspended. The largest increases in the number of custodial sentences imposed over the last decade occurred for violent offences and traffic offences (81% and 77% respectively).

Custodial sentences of one year or more represented 11% of custodial sentences imposed in 1985 compared to 21% of sentences in 1994. The total number of corrective training sentences imposed has decreased significantly over the decade. Given these changes, it is not surprising that the average custodial sentence length (including preventive detention) has increased over the decade from 7.4 months in 1985 to 11.6 months in 1994.

There was a drop in the average daily number of male sentenced prison inmates in 1994, the first drop since 1986. This decrease was brought about by the introduction of the Criminal Justice Amendment Act 1993. Prior to 1994, there had been a strong upward trend in the number of male sentenced inmates. During 1994, there was an average of 3,690 sentenced male inmates in prison at any one time, an increase of 52% on the number in 1985 (2,434). The number of female sentenced inmates in 1994 (133) was 34 (34%) higher than in 1985 (99).

The number of male prisoners remanded in custody continued to increase into 1994, while the number of females remanded in custody remained quite constant over the decade.

The Criminal Justice Amendment Act 1993 amended the principal Act so that courts can now impose a community based sentence cumulative on a sentence of imprisonment. In 1994, 9% of all cases resulting in a custodial sentence also had a community based sentence imposed. Supervision was the cumulative sentence to a custodial sentence in 96% of cases.

New Zealand’s incarceration rate in 1992/93 of 135 per 100,000 population is higher than that of Australia (91), Canada (116), and all of the countries of Europe except for the Czech Republic (158), Poland (160), Romania (193), and Russia (558) . The New Zealand rate is far lower than the rates in the United States of America (519) and South Africa (368).

There was a dramatic increase in the total number of cases resulting in periodic detention as the most serious sentence between 1985 and 1991, but since then, the number has stabilised.

Community service cases increased rapidly in number between 1986 and 1993, with the 1994 figure being a little lower than the figures in the two previous years.

There was a dip in the use of supervision as the most serious sentence in the early 1990s, but the number of cases has increased strongly in the last couple of years, reaching 5,278 in 1994, the highest figure for the decade.

Suspended Sentences of Imprisonment

The suspended prison sentence was introduced into the Criminal Justice Act 1985 as a new sentencing option for judges in New Zealand from 1 September 1993 by the Criminal Justice Amendment Act 1993. Prison sentences of not less than six months and not more than two years can be suspended for a period not exceeding two years.

In 1994, there were 2,938 cases which resulted in a suspended prison sentence. At the same time there was a drop in the total number of new prison receptions of just 643. However, more dramatically, the number of prison receptions in the sentence range of six months to two years fell by only 227. These figures clearly suggest that the majority of suspended sentences imposed by the courts to date have not been imposed in accordance with the guidelines set down in the Criminal Justice Act.

Around 20% to 25% of sentences are subsequently activated because of a further conviction for an imprisonable offence at some stage within the term of the suspension.

If, in New Zealand, there is a continuation of the present practices of imposing longer prison sentences so that they may be suspended, or of imposing a suspended prison sentence where a non- custodial sentence would otherwise have been imposed, it appears that the net effect may be a recovery, or even an increase, in the level of the New Zealand prison muster.

Proportion of Prison Sentences Which Are Served

Prior to the introduction of the Criminal Justice Amendment Act 1993, people sentenced to at least one year's imprisonment, who were not serious violent offenders, were eligible for parole after serving half the sentence which was imposed. These people are now eligible for parole after serving one-third of the sentence imposed.

Under the old parole provisions offenders served an average of 56.8% of their sentences, compared with an average of 43.5% under the new parole provisions.

The Use of Reparation as a Sentence

The Criminal Justice Amendment Act 1993 strengthened the wording of Section 11 of the principal Act so that courts should consider imposing reparation in every case, unless it would be clearly inappropriate to do so.

The proportion of all convicted property offences which resulted in a sentence of reparation changed very little between 1991 and 1993, with only a very marginal increase occurring over these years. However, the proportion increased from just under 20% in 1993 to a little over 22% in 1994. The increase in the use of reparation in 1994 did not occur for all of the individual property offences. Rather it occurred only for theft, motor vehicle conversion, and fraud.

Trends in Prosecutions for Young Adults

There has been no sustained reduction in prosecutions after the introduction of the Children, Young Persons, and Their Families Act 1989 for young adults whose ages would have allowed them to be dealt with under the provisions of the new Act at some stage, which may have been expected if the new Act had a significant effect on reoffending. In fact, prosecution rates for young adults have increased in recent years.

However, the increasing trend in recent years may be caused by factors other than the CYP&F Act, including changes in police activity, and in particular, increased clearance rates by the police in the last few years. Also, offending reported to the police has increased in recent years for many offence types.

Conviction and Sentencing of Offenders in New Zealand: 1985 to 1994, 164 pages

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