No need to review Three Strikes law

The Three Strikes law contains safeguards for substantially mentally impaired people who are charged with serious violent offences, Police Minister Judith Collins said today.

Ms Collins was responding to concerns that the Sentencing Act should be revised because it would result in people with serious mental impairments serving maximum sentences in prison.

“I don’t believe it is necessary to change the Three Strikes law as ample safeguards are in place to safeguard mentally impaired people who might be charged with serious repeat violent offences,” Ms Collins said.

“If a person with mental health issues is found guilty of, or pleads guilty to, a qualifying offence at any of the three stages, the court has the option of discharging the person without conviction.

“The court may order a discharge without conviction if it is satisfied that consequences of a conviction would be out of proportion to the seriousness of the offence.

“If a person is discharged without conviction, the Three Strikes law will not apply because it is triggered by conviction.”

Ms Collins said that even if a person was convicted of a stage three offence, and not acquitted on the basis of insanity, the person would not necessarily serve the maximum term in prison.

“The court must order the defendant to serve the sentence without parole unless, given the circumstances of the offence and the offender, it is manifestly unjust to do so,” she said.

“The mental health of the offender may be a factor that the judge takes into consideration in deciding if it would be manifestly unjust to serve the sentence without parole.

“If parole was allowed, the offender would not necessarily spend the maximum term in prison.”

This does not apply to the charges of murder or manslaughter which are covered by different rules under the Act.

Another Police safeguard is that every stage three offence has to go to the Crown Solicitor to consider the appropriateness of the charge.

ENDS

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