Criminals To Pay Victims (Press, 30 September 1985)

The new Criminal Justice Act, 1985, which comes into effect on 1 October 1985, focuses on compensation for crime victims and community involvement in offender rehabilitation. The Act aims to shift from traditional punitive measures towards alternatives intended to reduce New Zealand’s prison population. A key feature is the introduction of a “reparation” sentence, which will be the primary penalty for many property offences. Offenders convicted of theft, fraud, and similar crimes will generally not face prison unless exceptional circumstances warrant it. Instead, they will be required to compensate victims for the value of stolen or damaged property. Certain serious offences, including burglary, violent crimes, and threats to life, will not fall under the reparation sentence. In cases where offenders lack the means to pay restitution, the report from the Justice Department indicates that imposing such a sentence may be inappropriate, potentially leading to unrealistic expectations. The objective is to enhance victim compensation and make justice more accessible without the need for civil court proceedings. Alongside the reparation sentence, a “community care” sentence is also set to be implemented, which requires the offender’s consent. Offenders can receive this sentence for crimes punishable by imprisonment, obliging them to complete a programme lasting up to 12 months. This can involve a variety of services, including medical, social, and educational support, or potentially placement within an ethnic or religious group. Community support helpers may qualify for grants to cover costs associated with managing these programmes. The community care sentence must be given alongside either reparation or a fine and cannot include probation supervision, as it is assumed that motivated individuals will not require additional oversight. Significant modifications to parole provisions are also introduced. Every prisoner will become eligible for parole after serving half their sentence or after seven years, whichever is shorter. Two boards will oversee parole cases: the existing Parole Board will manage lifers and those serving longer sentences, while new district prison boards will focus on prisoners with shorter terms. Newly released prisoners will be required to engage in community-care programmes. The Act raises the minimum age for sentencing to imprisonment from 15 to 16 years, with exceptions only for the most serious crimes. Similarly, the age for remand has been increased from 15 to 17 years, except for indictable offences. The previous probation sentence has been renamed to supervision, with the implication that those under supervision will be overseen by probation officers. The Act stems from feedback included in the 1981 Penal Policy Review Committee report, which laid the foundation for the changes. Following earlier legislative proposals, the current bill was introduced by the new Minister of Justice, Mr Palmer, after extensive public consultation and consideration of prior submissions. A public meeting to discuss the Act is scheduled for the evening of 1 October at the Canterbury Public Library, facilitated by the Justice Department.

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