Ministry of Justice rejects call to extend 'three strike' rule

Victims of domestic violence wanted anyone who breached their order three times in three years to receive the maximum penalty of three years' jail. Photo / Thinkstock

Ministry of Justice officials have rejected a call to extend the "three strikes" rule to protection orders.

MPs this morning heard submissions on a petition by Ann Hodgetts, whose daughter's protection order was breached "numerous times".

Ms Hodgetts and victims of domestic violence wanted anyone who breached their order three times in three years to receive the maximum penalty of three years' jail.

Ministry of Justice specialist advisor John Meek told a Parliamentary committee that the law was changed in 2009 to get rid of escalating penalties for breaches of protection orders.

"The petition is recommending a reversion to an approach that Parliament has moved away from," he said.

He said the law was changed because Parliament felt it was more important to address the seriousness of each offence.

"Whether or not it's the first time the person's committed that offence or the second, the key point is the seriousness of that offence.

"The court should be able to respond to that and impose an appropriate penalty, which may mean something very close to the maximum for the first offence."

The change meant the maximum penalty of three years might be applied the first time someone breached a protection order, if the breach was deemed serious.

Under the old regime, a first breach was generally given no more than a six-month jail term.

Mr Meek said most of the offences in the three strikes regime were punishable by a maximum of seven years' jail, and it would be inconsistent to add an offence which was less serious.

"This is a breach offence which has a maximum penalty of three years' imprisonment, which isn't really consistent with types of offences that are covered by the three strikes regime, which are the most serious sexual and violent offences in the Crimes Act."

Labour MP Phil Goff said that even if the three strikes regime outlined by the petition was not adopted, the system needed reform.

He said crime figures appeared to show a high incidence of domestic assaults committed by people who were subject to protection orders.

The "three strikes" rule is an Act Party policy that was adopted by the National-led Government in 2010, and applied to 40 violent and sexual offences.

It ensured that third-time offenders received the maximum sentence and no parole.

Ministry of Justice data shows that in the last year, 1664 people received a first warning for these offences, and 47 people received a second or "final" warning.