The New Zealand government has re-introduced the three-strike sentencing law as the Sentencing (Reinstating Three Strikes) Amendment Bill, which has passed its first reading in Parliament. Originally introduced by the Sentencing and Parole Reform Act of 2010 and repealed in 2022, the law has been re
The New Zealand government has re-introduced the three-strike sentencing law as the Sentencing (Reinstating Three Strikes) Amendment Bill, which has been passed in its first reading in Parliament.
The Three-Strike Sentencing was originally introduced by the Sentencing and Parole Reform Act of 2010 and was repealed in 2022. The newly introduced three-strike bill has been reinstated with significant modifications that include applying the regime only to sentences longer than 24 months, granting greater judicial discretion in cases of “manifest injustice,” and offering a 20% reduction at the third strike for an early guilty plea. The bill covers the same 40 serious violent and sexual offences as the previous law, with the addition of strangulation and suffocation.
The earlier 2010 Act mandated strict sentencing for repeat offenders without allowing judicial discretion. The first conviction resulted in a “strike warning,” the second in a final strike, and the third, unless deemed manifestly unjust by the court, in the maximum sentence without parole.
A regulatory impact statement from the Ministry of Justice warned that the amendments could conflict with the Treaty of Waitangi/Te Tiriti o Waitangi and the New Zealand Bill of Rights Act 1990, which affirms New Zealand’s commitment to the International Covenant on Civil and Political Rights. The previous three-strikes law was criticized for leading to disproportionately harsh sentences and its effectiveness in reducing crime was questioned. The report also indicated that reinstating the three-strikes law could worsen the over-representation of Māori (Indigenous people) and young offenders in the criminal justice system.
However, Associate Justice Minister Nicole McKee emphasized that the revised three-strikes law aims to be more workable and will prevent unjust outcomes.
The term “Three Strikes” originates from baseball, where a batter gets three chances (strikes) to hit the ball before being declared “out.” This rule illustrates the idea of multiple opportunities before a significant penalty. In criminal law, this metaphor is used to highlight the severity of repeat offences. Offenders are given two chances to rehabilitate, but after the third serious or violent crime, they face a much harsher penalty, similar to being “out” in baseball. This approach aims to deter persistent criminal behaviour by ensuring severe consequences for repeat offenders.
Thus the Three Strikes Law is a criminal sentencing policy that mandates severe penalties for individuals convicted of three or more serious crimes. The law aims to deter repeat offenders and incapacitate habitual criminals by imposing longer prison sentences. Originating in the United States, particularly in California, the concept has been adopted and adapted in various forms worldwide, including New Zealand.
