Revived Three Strikes sentencing law takes effect

Three Strikes legislation. Composition image by Vinay Ranchhod

The revived Three Strikes law has come into force, targeting repeat offenders of serious violent and sexual crimes with progressively harsher penalties.

Associate Justice Minister Nicole McKee said those who committed serious violent or sexual offences should expect to face "increasingly severe consequences".

The Sentencing (Reinstating Three Strikes) Amendment Act 2024 reinstated the regime repealed by the Labour government, with changes to make the legislation "more workable".

McKee described it as a "central pillar" in the Coalition Government's law and order programme.

"New Zealanders have had enough – they want safer streets, safer homes, and a justice system that puts victims first."

The law's restoration was detailed in the National-ACT coalition agreement.

Associate Justice Minister Nicole McKee.

Forty-two offences – including murder, attempted murder, manslaughter, sexual violation, abduction, aggravated robbery, and the newly added strangulation and suffocation offences – qualify for "strikes".

If a person was convicted of one of these offences for the first time, they received an official strike warning at their sentencing.

If they were convicted of a second qualifying offence, they were given a second — and final — warning and would be sentenced without the chance of parole.

If the person then committed a third qualifying offence, they would automatically receive the maximum prison sentence without parole.

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McKee said the Act provided for some judicial discretion to prevent "manifestly unjust outcomes".

Principles and guidance to aid the court in applying the law were included as well as a limited benefit for guilty pleas to spare further trauma to victims and court delays.

"Importantly, previous strike warnings still count if they meet the new sentencing threshold – ensuring serious repeat offenders can’t escape accountability," McKee said.

"The Ministry of Justice has published guidance to help affected individuals, and their lawyers check for active strikes."

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