The Act Party is citing the fatal Auckland shooting of two construction workers in its promise to reform the Sentencing Act 2002 so further priority is given to victims and the ability for offenders to get home detention is limited.

Act also wants to abolish the consideration of an offender’s background in their sentencing with party leader David Seymour saying, “no crime is justified because you’re alienated from your culture”.

It comes as the Herald can reveal the Government is introducing proposed legislation aimed at improving a victim’s experience in the judicial system. However, with only three weeks until the House rises and the election campaign begins, it will be up to the next government to decide whether to progress it.

Act yesterday morning released a justice policy that included several changes to the Sentencing Act, specifically to section eight - the “principles of sentencing or otherwise dealing with offenders”.

The changes included clarifying judges could impose the least restrictive outcome or sentence so long as it did not impose a disproportionate risk to the community and ensuring judges considered possible ongoing risks a sentence imposed on a victim alongside historical impacts of offending.

Act would also abolish cultural reports, which currently could be requested to articulate what factors could have contributed to a person’s offending.

Amendments would also be made to sections of the law that concerned community-based and detention sentences to ensure “such sentences are only imposed if doing so does not disproportionately increase risk to the public”.

Under the proposal, judges would have an improved ability to assess the risk of reoffending with the incorporation of a Department of Corrections risk prediction tool.

Act’s policy did confirm judges “would still maintain discretion in sentencing”.

Nevertheless, it argued the changes were required following jumps in gang members sentenced for violent offences and sexual offenders serving an electronically monitored sentence, with percentage increases of 133 per cent and 83 per cent respectively.

“Since 2016, almost 9000 people have been charged with an offence while subject to home detention,” Seymour said.

“Offenders on home detention put New Zealanders’ safety at risk by committing over 1500 offences every year.”

Act party leader David Seymour wants to have more focus on victims in the judicial system. Photo / Dean Purcell

Act’s policy document cited Matu Reid, the 24-year-old who died after shooting two construction workers in downtown Auckland last month.

At the time, he was serving a sentence of five months’ home detention delivered in the Auckland District Court on March 28 after he admitted charges of impeding breathing, injuring with intent to injure, wilful damage and male assaults female.

Act questioned whether proper regard was given to community safety when deciding if Reid was fit for home detention or should have been imprisoned.

“The violent nature of the domestic violence, the fact Reid was already serving a sentence when he committed that crime, and his history of violence, should have at least prompted some red flags that home detention with allowances to go to work might be dangerous,” the document read.

Seymour, speaking to Newstalk ZB, said a judge had told him how they were often blamed publicly for sentencing decisions but instead focus should be on the legislation available to them.

“We would strengthen the consideration of the victims’ rights and give judges a clear signal through these changes that we’re sick of seeing lenient sentences for heinous crimes.”

Meanwhile, the Herald can reveal the Government plans to introduce a new bill today, which would action the changes it announced in April to improve the experience for victims in the criminal justice system.

Ginny Andersen was made the Justice Minister after Kiri Allan resigned. Photo / Mark Mitchell

The Government will also elaborate on the additional $2.2 million for the Victim’s Assistance Scheme, also announced in April, which is estimated to provide 10,000 grants to victims of serious crimes including:

• increased financial support for homicide victims and their families
• a new dedicated counselling grant for victims of serious crime
• an increased hourly rate available for counselling for victims
• a new grant for victims of sexual violence

The previously announced changes which the bill will address include:

• reducing the risk of child victims of sexual violence being questioned about consent while in court
• increasing the maximum penalty to 20 years’ jail for sexual connection with a child, which would align it with the crime of sexual violation
• strengthening automatic name suppression settings

There will also be an update to the three pilot programmes announced in April: one to ensure victims’ views are heard when bail decisions are being considered; one to improve the experience of child witnesses in sexual violence cases; one to improve safety planning and coordination for victims of serious crime.

The pilots have started and will run for a year, with a final evaluation in July 2024.

- Adam Pearse and Derek Cheng, NZH

Adam Pearse is a political reporter in the NZ Herald Press Gallery team, based at Parliament. He has worked for NZME since 2018, covering sport and health for the Northern Advocate in Whangārei before moving to the Herald in Auckland, covering Covid-19 and crime.