Our report, Sentencing Guidelines and Parole Reform, is being released today.
The reforms it recommends, that the Prime Minister has already summarised, are
much needed for several reasons.
The first reason is that different courts and even different judges are
sentencing inconsistently, particularly for offences of lesser seriousness being
dealt with in the District Court. We received a lot of anecdotal feedback about
inconsistent practices, which was confirmed by empirical research. Anyone who
is interested can find that research on our website.
The second reason is that the policy as to the type and length of sentence for
different offences is not informed by the range of perspective, experience and
values that is required in this area. Judges are largely left to determine that policy
themselves. It is no criticism of the judiciary to say that, while they should be free
to impose the appropriate sentence in the individual case, they are not equipped to
bring to bear the range of factors that need to be considered in determining the
policy on which those sentences are based. The public needs to have a greater
voice in sentencing policy, and so does Parliament.
Thirdly, punishment levels are not transparent. There is a great deal of
misunderstanding about them and there is no process for debating them.
Fourthly, the lack of a transparent policy makes the system unpredictable. That
means that the resources required for the prison system cannot be effectively
planned for and managed. The fact is that, when the Government passes
sentencing legislation, it must try to forecast the prison population and assess the
likely impact on other aspects of the Corrections system. However, it does this
largely in the dark. This is because it cannot predict how judicial sentencing
practice will change in response to the legislation. Judicial discretion is
important, but at present there is simply too little overall guidance as to the way in
which it is to be exercised.
Finally, there is a need for more truth in sentencing in New Zealand. The
present parole structure allows most prisoners to be considered for release after
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