Legislation to repeal the ‘Three Strikes' law has passed its third reading in Parliament, despite both the National Party and Act Party being opposed.

'The Three Strikes Legislation Repeal Bill ends an anomaly in New Zealand's justice system that dictates what sentence judges must hand down irrespective of relevant factors,” says Justice Minister Kiri Allan.

'The three strikes law was a knee-jerk reaction to crime by the former National-ACT coalition government that resulted in disproportionate and excessive sentences, when compared to the seriousness of the offence and the harm caused."

The National Party say that the Three Strikes repeal makes New Zealand less safe.

"Labour's decision to reduce prison sentences for our worst repeat offenders shows the Government is out of touch on justice," says National's Justice spokesperson Paul Goldsmith.

'Today's repeal of ACT's Three Strikes legislation shows that Labour values ideology over safe communities,” says ACT's Justice spokesperson Nicole McKee.

Justice Ministry Kiri Allan, however, says there was no evidence that it worked.

"It failed to be a deterrent to offenders, it failed the tax-payer, and it failed victims, because it ensured they were in the system for longer," says Allan.

The three strikes law was introduced by the Sentencing and Parole Reform Act 2010. In effect, it created a mandatory sentencing regime for certain serious offences - commonly referred to as strike offences.

'The three strikes law removes the discretion of sentencing judges to consider the seriousness of the offending or the circumstances of the offending and the individual offender," says Allan.

'The High Court, Court of Appeal and Supreme Court have found sentences imposed under the regime have breached the Bill of Rights Act.”

National Party spokesperson for Justice Paul Goldsmith says by repealing the Three Strikes legislation, the Government has sent a strong message that criminals will be less accountable for repeated criminal acts.

"'Three Strikes meant that the worst repeat offenders spent longer in prison, creating fewer victims and keeping our communities safer," says Goldsmith.

'It is a perverse priority to reduce sentences for these offenders at a time when gun crime is rampant, gangs are recruiting faster than the police, violent crime is up, and there is a sense of disorder in our communities.

'It is unimaginable that offenders such as Wiremu Allen, who was convicted of a third strike offence which entailed breaking into a house, demanding money from the victim and then shooting him, would not receive the maximum mandatory sentence today," says Goldsmith.

National Party spokesperson for Justice Paul Goldsmith. Photo: Rosalie Liddle Crawford.

ACT's Justice spokesperson Nicole McKee says that "with record ram raids terrorising people up and down the country, Labour's big message to young offenders is giving an early Christmas present to the worst murderers, robbers and rapists in the country".

"The average Three Strikes offender has 75 convictions, and just 24 people have been sentenced to a Third Strike," says McKee.

'Scrapping Three Strikes means the worst criminals will serve less time in prison and be out on our streets earlier. There's no rationale for this change other than to meet Labour's personal goal of reducing prison numbers, no matter how much danger it puts New Zealanders in.

'Three Strikes was an ACT idea introduced in 2010 to send a signal to violent offenders that New Zealanders won't tolerate repeated violent and sexual offending," says McKee.

'There were no petty criminals being charged under the law, it applied to the worst of the worst and made our communities safer."

Allan says that repealing the three strikes law will revert the sentencing process for strike offences to standard sentencing processes.

"Despite claims from the opposition, this does not mean people who commit serious and repeat offending will stop receiving severe sentences," says Allan.

'Judges still retain the powers to sentence people to lengthy periods of imprisonment and can impose the same restrictions as provided by the three strikes law in appropriate cases.”

Allan says these restrictions include preventive detention for repeat serious offenders, public protection and extended supervision orders, minimum periods of imprisonment, and imposing maximum penalties, up to life imprisonment.

'The Justice Select Committee received a wide range of submitters including members of the public, legal practitioners, criminal justice advocacy groups, and strike offenders themselves," says Allan.

'The Government has listened to those victims and victim advocacy groups who made submissions on the Bill.

'Those who have committed strike offences prior to the repeal will not be able to have their sentences reconsidered, meaning the victims of these offenders will not be affected by the repeal," says Allan.

ACT MP Nicole McKee. Photo: Robert Kitchin/Stuff.

ACT's McKee says Labour has been single-minded in their drive to get rid of it "though, along the way they've forgotten about the victims of serious crime".

'This is a failure from out of touch student politicians whose idea of sound policy involves rainbows, unicorns and good intentions, but fails to deal with the reality New Zealanders face living in fear of criminals Labour just let off lightly," says McKee.

'Thankfully, Kiwis won't have to wait long for this law to be back in place. ACT is committed to reinstating Three Strikes as part of our plan for the first 100 days of Government.”

National's Goldsmith says Labour's "soft on crime" approach has made New Zealand a less safe country.

'Victim advocate groups submitted strongly against the repeal, noting more victims will be created by the Bill. Repealing Three Strikes means that offenders will be back in the community earlier, creating the conditions for more offending," says Goldsmith.

'National will reinstate Three Strikes. This legislation is necessary to ensure repeat offenders are sentenced in line with the expectations of the communities they want to live in.”

The repeal will take effect once the Three Strikes Legislation Repeal Bill receives Royal assent.

Further information is available on the Ministry of Justice website here: www.justice.govt.nz/justice-sector-policy/key-initiatives/repeal-of-the-three-strikes-law/