Law expert and National MP clash over why criminal sentences have reduced

A law expert is pushing back on claims from a National MP that the Government’s aim to reduce the prison population is influencing the judiciary to administer lighter sentences to violent offenders.

It comes as information revealed through a written parliamentary question by National’s justice spokesman Paul Goldsmith shows the number of cumulative sentences - multiple sentences that are added together - have decreased by 65 per cent between 2016 and 2022.

Concurrent sentences - multiple sentences served at the same time - have decreased by 33 per cent over the same period.

University law professor Jeremy Finn is urging Goldsmith and the Opposition to “review their views” and suggests Covid-19′s impact on the justice system is a more likely reason for the reduction.

Justice Minister Kiri Allan said no formal analysis had been done on why sentences had dropped but she believed there could be several factors, including police alternatives to prosecution, Covid-19 lockdowns and a decline in youth offending.

According to data obtained by Goldsmith, 1702 cumulative sentences were administered in the 2016/17 financial year. That number dropped each year until it reached 597 sentences in 2021/22.

The largest decrease in a single year was between 2016/17 and 2017/18 (298 sentences), closely followed by the first year of the pandemic, 2019/20 and 2020/21 (278).

For concurrent sentences, 3657 were handed down in 2016/17 but in 2021/22, that had decreased to 2465.

Goldsmith told the Herald he believed the reduction was a reflection of the Government’s goal to decrease the number of people in prison.

During Labour’s previous term in Government, it committed to reducing the prison population by 30 per cent over 15 years.

National justice spokesman Paul Goldsmith. Photo / Mark Mitchell

According to information supplied by Allan, there were more than 11,000 people in prison in 2017. That had since reduced to about 8500 - a 23 per cent decrease.

“What’s clear is the system since 2017 has reacted to the priorities of the Government which is to keep people out of prison at all costs and our simple view is that is keeping the community less safe from violent offenders,” Goldsmith said.

“The judiciary is independent and they will say that they judge the cases on the facts but when you look at these figures, clearly there’s been a significant shift over the last few years.”

Goldsmith said the downward trend didn’t match the level of crime currently occurring. The Salvation Army’s State of the Nation 2023 report stated the number of victimisations for violent crime has increased by 33.4 per cent since 2017.

“The only rational conclusion you can come to is that the message is filtering down through the justice system and we want to keep people out of prison as much as possible,” he said.

Goldsmith said he was not overly concerned by the alleged signs of failing judiciary independence but instead said the data indicated the next Government needed to prioritise community safety.

University of Canterbury professor emeritus of law Jeremy Finn, speaking in a personal capacity, acknowledged the decrease but believed Covid-19 was a more likely reason behind it, highlighting the virus’ impact on jury trials.

“We haven’t got jury trials which is where you tend to get a higher percentage of ones where there multiple instances of significant offending ... that’s by far the most likely explanation that I can see,” Finn said.

Finn, also a member of the New Zealand Law Society’s criminal law committee, described Goldsmith’s conclusion as a “very long bow” to draw.

“I would be very doubtful that the Opposition claim is correct.

“I would suggest that if they have evidence of it, it’s of great concern but since they don’t appear to have evidence, I would suggest they review their views.”

The number of cumulative and concurrent sentences being handed down have decreased since 2016. Photo / Supplied

Without wanting to speak for the sector, Finn suspected some judges and prosecutors would consider Goldsmith’s claim concerning their integrity an insult.

“I’ve known a few of them and they are very independent.”

Allan, who gave comment to the Herald through a statement, stressed the judiciary’s independence from the Government and explained her inability to “interfere in or comment on court proceedings or judicial decisions”.

However, Allan proposed police using alternatives to prosecution for offenders, Covid-19 lockdowns in Auckland and Waikato, and declining levels of youth offending as potential factors that could have impacted sentence numbers.

Allan acknowledged the increase in violent crime, saying it was predominantly driven by increases in reported family violence, “specifically the ‘assault on person in family relationship’ offences that were introduced in late 2018″.

“Police have highlighted that these were primarily driven from reporting through their 105 non-emergency reporting channel which was introduced in 2018,” Allan said.

Referencing the Government’s intention to reduce the prison population, Allan refuted Goldsmith’s claim.

“No laws have been changed to do this, and no direction has been given to the judiciary.

“People who commit serious and violent crimes are still going to prison and still serving their time.”