Today Minister of Justice, Andrew Little announced that the Three Strikes law, which was presented to Parliament by the National-A.C.T. Government in 2009, will be replaced.
A.C.T and National have savaged the Government. A.C.T. leader David Seymour claimed Little has created the “evilest clean slate law”. He further said that it was a green light for offenders to go on to commit further serious crime because the deterrence of a harsh sentence would no longer be there.
Mr Seymour is jumping the gun. The announcement was that the law would go and that the legislation to repeal it would be presented to Parliament late next year. It did not say that Mr Little has created new legislation, when it was acknowledged no thought had yet been given to a replacement law. Mr Seymour further ignores the fact that a disproportionately harsh sentence is as dangerous in dealing with an offender in terms of rehabilitation and understanding what s/he did, as a weak sentence that fails to recognize the gravity of the offence/s.
I support its removal as the “Three Strikes” law has led – just like it has in the United States, where the inspiration for the law came from originally – to some grossly disproportionate sentences, such as the case of a prisoner who committed indecent assault in prison on his third strike and had the book thrown at him.
If the Three Strikes system is removed though, I do wonder what will replace it.
What I believe is more urgent is for the legislation governing sentencing to be amended. It is all very well to hand down a sentence, but to have it the accused then only do a fraction of it is to undermine the whole point of that sentence in the first place. For example, if someone commits murder and the sentencing judge hands down 20 years, but the accused is out in 10 years, where is the justice in that. The family and friends of the dead person will be understandably aggrieved by what has happened as they will never see their loved one/friend again. To then be told that the offender will be out after only serving half of the sentence will be seen as a miscarriage of justice.
This announcement is a positive one. However much wider reform is needed. Better allowance for the rights of victims needs to be made; sexual abuse victims need to have greater confidence in the justice system and the police – whilst the latter has made good progress in the last decade, there is still work to be done.