Law and order: Sure to court controversy

The challenge to all parties is how to implement law and order policies without any extra money. Photo / Thinkstock

The law and order portfolio is one of the most politically charged where common terms include "dog-whistle politics", "knee-jerk reactions" and "soft on crime".

In the past term the Government has reformed the justice sector, with a particular focus on improving victims' rights. But it has also courted controversy by trying to tamper with the courtroom principle of the right to silence, for passing the three-strikes law for repeat offenders, and for stripping prisoners of the right to vote.

The main plank of National's law and order policy this election is similarly controversial. It is proposing the indefinite detention of the country's worst offenders who are at a high risk of reoffending.

If a High Court found that risk to be imminent, the offender would be transferred to a secure civil detention centre after finishing their sentence, and would remain there until the Parole Board deemed them safe for release.

The Corrections Department believes it would affect five to 12 offenders in a 10-year period.

National's law and order spokeswoman, Judith Collins, wants to push it through, even if it contravenes the Bill of Rights Act, arguing that she would rather that than pick up the pieces of a horrible crime from an offender the state had no option but to release. The party also pushed through the three strikes law despite questions about inconsistencies with the Bill of Rights.

This is in line with National's approach over the past three years: harsh policies for the worst offenders, while taking it easier at the lower level and ramping up rehabilitation treatments in prisons, including more programmes to fight addictions and improve numeracy and literacy and work-to-release opportunities.

The policing excellence programme National has presided over includes greater visibility of police in the public and a country-cop approach to low-level offending. The rationale is a night in the cells would send just as good a message as trudging them through the court system, but Labour and Act are taking a different approach.

Act wants to punish all low-level offending to send an unequivocal message that all crime will not be tolerated. Labour wants to treat petty crime seriously on the basis that it often leads to more serious crimes, although this appears to counter its justice policy for police diversion for minor offences committed under the influence of alcohol or drugs.

Labour wants to bring in a Sentencing Council with a view to eliminating prison sentences of less than six months and putting the savings towards rehabilitation.

It also wants to double the number of police at the 62 one-person stations around the country, as part of 145 extra constables over four years at a cost of $96 million, a policy applauded by the Police Association.

Labour's law and order spokesman, Clayton Cosgrove, has said he would be likely to repeal the three strikes law. The Maori and Mana parties want it repealed outright.

The Maori, Mana and Green parties support a judicial system inclusive of the principles of Maori justice to tackle the disproportionate number of Maori in prison. The Maori Party also wants its reintegration houses, called Whare Oranga Ake, expanded to every prison.

A challenge to all parties is how to implement their policies without any expectation of new money in the sector.

Highlights

National
Civil Detention Centres to hold indefinitely the worst offenders who are highly likely to reoffend until the Parole Board deems them safe for release.

Labour
Doubling the 62 one-man police stations around the country. Likely repeal of the three-strikes law.

Green
More support for restorative justice. Counselling and compensation for victims, paid by offenders.

Act
Review self-defence so people using reasonable force to defend themselves on their property would not be dragged through the courts.

Maori
A review of the entire justice system and restructure on the basis of the Treaty of Waitangi and practices of Maori justice. Repeal of the three-strikes law.

Mana
Against private prisons and the privatisation of prison services. Repeal of the three-strikes law.

United Future
Increasing non-parole periods for violent and sexual offenders.