they have served one third of the sentence imposed by the court. When someone
is sentenced to 12 years, nobody knows whether they will serve all 12, or be out in
four, or somewhere in between. In fact, prisoners do serve an average of 62
percent of the sentence imposed by the court. But the fact that they are eligible to
be released much earlier is a source of frustration and anger amongst victims and
other members of the community, and has been so for many years. We need to
move to a system where the sentence imposed by the judge in court means what it
says.
It is important to note that these problems with the sentencing and parole systems
have existed in New Zealand for a very long time. They were not affected by the
reforms brought about by the Sentencing and Parole Acts 2002. What we are
proposing builds on the changes made in that legislation.
So how do we propose to fix the problems with the current system?
Turning first to parole, we recommend that parole should be retained. This is so,
despite what I have just said about the importance of truth in sentencing. With
parole, decisions can be made about when and how to release prisoners to
minimise their risk of reoffending. Retaining parole is simply common sense,
because every prisoner must eventually be released.
However, we are recommending substantial changes to parole that will promote
truth in sentencing in two ways.
First, prisoners should not be eligible for parole until they have served two thirds
of their sentence. When a criminal is sentenced, he or she will spend most of the
sentence term behind bars. Prisoners sentenced to short terms of 12 months or
less should serve their whole sentence. It may be appropriate for very dangerous
prisoners to do so as well, but that will be a matter for the Parole Board.
Secondly, judges imposing sentence should always spell out both the full term of
the sentence and the parole component, so that everyone victims, the media and
the general public - know exactly what the sentence means. For example, a judge
imposing a six year sentence should spell out that the full term is six years and
C:\Documents and Settings\TMcGlennon\Desktop\SG&PR\EI Launch GP Speech.doc