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Desperate criminals may kill police and victims in order to avoid arrest under hard-line “life sentences without parole” policies, officials have warned.
Confidential papers issued under the Official Information Act show that the Government was told the policies could also breach human rights, cause misbehaviour in prisons, clog courts, and lead to judges giving shorter sentences to avoid the no-parole policy. Justice Minister Simon Power has conceded it may not make it to law.
ACT’s “three strikes” policy, introduced as part of the Government’s support agreement, has been widely criticised for breaching human rights.
Both measures are before Parliament in the Sentencing and Parole Reform Bill.
But officials also advised in the Cabinet papers that National’s “no parole for the worst murderers” policy, an election promise, breached the Bill of Rights and several international human rights treaties.
National plans to abolish parole for repeat violent offenders, meaning murderers with previous serious convictions would never be freed unless it was “manifestly unjust”. The policies aim to improve public safety through deterrence and by locking up serious recidivists for longer.
The Justice Ministry also said that the list of violent offences that would result in no parole on a subsequent serious charge was “problematic” if the aim was to target the most serious violent offenders.
But the Cabinet was told that exception was “unlikely to prevent disproportionate sentences from being imposed”.
Several government departments also warned of unintended consequences of the no-parole and the three-strikes policies:
Te Puni Kokiri said violence may increase under three strikes.
For example, aggravated burglary involves having a weapon but may not involve violence, and indecent assault often involved minor touching and no force.”
Corrections said judges may try to avoid the policy by reducing sentences to under five years in borderline cases. “Criminals may seek to mitigate the risk of arrest by more seriously injuring or murdering their victims and police officers. .
The Treasury said sentences could increase overall, even in less serious cases, as judges brought them in line with increased penalties for repeat violent offenders.
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Mr Power said the Government had strived to deal with issues raised over the no-parole policy.
And life sentences with no parole would result in poor behaviour of prisoners who had no incentive to behave or undertake rehabilitative programmes.”
Regarding three strikes, the Government would enter the select committee process with an open mind. “We’re happy with the balance achieved.
-National’s ‘no parole for worst offenders’ policy
-The worst repeat violent offenders and the worst murderers will not be granted parole.
ON THE TABLE
The following measures are before Parliament in the Sentencing and Parole Reform Bill.
-ACT’s ‘three strikes’ policy
-This would see those convicted of a third serious offence sentenced to life imprisonment with a 25-year non-parole period. This means anyone convicted of murder who has previously been sentenced to five years or more will spend the rest of their lives in jail with no chance of release…. Such sentences appear to breach the NZ Bill of Rights Act 1990 and several international human rights treaties … because they do not provide for any consideration of a change in the offenders’ circumstances.’