The Labour Party has hit back at an ACT justice policy that aims to take a harder line in sentencing, saying it would result in "more criminals" and "American-style mega prisons".
The policy, announced today, would change Sentencing Act principles, including abolishing the consideration of cultural background as a principle of sentencing. It's aimed at focusing more effects on the victim and community than the offender.
It would also change rules around home detention so it was only imposed if it didn't disproportionately decrease public safety.
Justice Minister Ginny Andersen said it was a "confusing announcement from ACT who just seem to be throwing everything at the wall in a bid to get a headline".
She said judges can already consider the risk to the community in sentencing, as it was already in the Sentencing Act.
"We’re focused on policies that work and are evidence-based. The Opposition seems set on removing discretion from judges, who are independent from the Government."
She said the Government had strengthened laws relating to sentencing since coming into office, including by introducing an aggravating factor when an offence happens in a family violence context.
It had also introduced a new offence of strangulation or suffocation, she said.
Asked what he thought of ACT's policy this afternoon, National leader Christopher Luxon said he hadn't looked at it.
Asked if he thought cultural backgrounds were relevant in sentencing, he said taxpayers shouldn’t fund cultural reports.
“It has actually become quite a cottage industry. We want to stop the funding of cultural reports and that money’s going to go back to the victims of crime in the process.”
ACT's sentencing policy - at a glance
Make the following changes to the Sentencing Act’s principles (s8) to rebalance sentencing in the interests of the victim and the community:
- Clarify that judges are to impose the least restrictive outcome that does not impose a disproportionate risk to the community
- Ensure that judges not only consider the historical impacts of the offending on the victim, but also consider any present risks the sentence may impose on the victim.
- Abolish the consideration of cultural background as a principle of sentencing (as well as cultural reports)
- Amend the relevant community-based and home detention sections of the Sentencing Act (s15, s15A) to ensure such sentences are only imposed if doing so does not disproportionately increase risks to the public.
- Improve the information available to judges on the risks of re-offending
ACT’s leader said the party’s policy is about ensuring sentences fit the crime, and means offenders are punished properly. (Source: Breakfast)
SOURCE: ACT Party
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