On ACT’s 3 strikes for burglars policy

ACT leader Jamie Whyte has announced more detail on his party’s three strikes for burglars policy. NZ Herald reports Jail burglars after third offence, says Act.

More than 2000 families will have returned home from the Easter break to find they had been burgled, and Act says it is the only New Zealand political party offering a serious solution.

Party leader Jamie Whyte yesterday outlined a three-strikes policy, under which burglars will spend at least three years in prison if convicted of the crime a third time.

Fewer than 2 per cent of burglaries resulted in a term of imprisonment last year, Dr Whyte said, and the Act policy would change this.

“Burglary is a problem that requires strong political leadership. Act is the only party with a policy that can significantly reduce this blight on our society.”

There’s been a wide range of opinions expressed at Kiwiblog in ACT proposes three strikes for burglaries including ‘FE Smith’ with a warning for ACT.

It is sad that a right wing libertarian party has to adopt the policies of the most authoritarian UK government in 100 years, and a Labour one at that, in order to be relevant.

I seem to remember that ACT was doing its best in the polls when it concentrated on economic issues, which is why I have generally supported it.

The Herald summarises ACT’s three strikes:

• Offenders will be sentenced to three years in prison without parole if convicted of a third burglary offence.

• Juvenile offenders will not have their convictions treated as strikes unless they are convicted of a further offence in adulthood.

• The third-strike penalty may be overruled by a judge who believed there to be extreme hardship in sentencing the offender to three years in prison.

PaulL covers the main policy points at Kiwiblog and makes some comments:

Gee, there’s a lot of people talking crap on here today. Luckily some nuggets in there, which include:

  1. The policy only applies to those over 18 on getting their third strike
  2. The policy as proposed is retrospective. That’s a bad idea, and needs to be changed, we don’t want some political parties getting the idea that we agree with retrospective law changes
  3. The policy as proposed can catch someone for three offences all in one go, rather than needing a warning, then a repeat, then a warning, then a repeat. That’s probably also a bad idea and needs changing.
  4. A policy like this is no use without also increasing the clearance rates for burglary investigations. Is it a case of increasing police resourcing, or do they actually know who did most of the crimes and don’t have time/inclination/laws to deal with it? I seem to recall some suggestion that 80% of property crimes are committed by a very small group of people (the ones this law would hopefully lock up)
  5. We also need some attempt to address some of the prompters of crime. That is to say, many people commit crimes to feed their (illegal) drug habit or due to mental health issues. – so both decriminalise drugs, and provide better treatment options for drug and mental health issues.

That would be a reasonable and comprehensive policy. Where’s Jamie Whyte on that?

One comment was that “Three years in jail equals about $270,000” – would that sort of money be best to go towards more and longer sentences, or towards prevention, apprehension and conviction under the current laws?

ACT links:

Lawyer Graeme Edgeler has added:

I don’t agree that the policy is retrospective.

The law change being proposed is that those with the prior convictions for burglary must receive a sentence with a non-parole period of at least 3 years. The burglary for which this is imposed must be a burglary committed after the law enters into force.

There is no retrospectivity in this proposal.

Not saying I support it, and you could argue everyone should get at a formal warning, like the three strikes for violent offending regime, but it’s not retrospective.

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