6. Prisons—Definition of Low-level OffendersHon MARK MITCHELL (National—Rodney) to the Minister of JusticePrisons—Definition of Low-level Offenders6. Hon MARK MITCHELL (National—Rodney) to the Minister of Justice: Does he stand by all of his Government's justice policies and decisions?Hon ANDREW LITTLE (Minister of Justice): Yes.Hon Mark Mitchell: Does the Minister still agree with the Prime Minister's comments that we're filling our prisons with low-level criminals?Hon ANDREW LITTLE: Yes.Hon Mark Mitchell: How many people are in prison for possession of cannabis?Hon ANDREW LITTLE: I don't have that particular figure on me. What I can say is that we know that more than 50 percent of those who enter the prison system in any one year are convicted of crimes that do not entail violence or are not otherwise serious.Hon Mark Mitchell: What is an example of a non-violent assault?Hon ANDREW LITTLE: The member may well be aware that earlier this year a High Court judge in Auckland was dealing with an offender charged with indecent assault—in fact convicted of indecent assault. The actions comprising that offence were pinching the bottom of a prison officer and the judge was having to face the fact that the prisoner because of the operation of other law was facing a mandatory maximum sentence of seven years. The judge said he was not going to sentence anybody to seven years for pinching somebody else's bottom.Hon Mark Mitchell: Could the Minister just clarify for me that he just stood in the House and told us that an indecent assault is an example of a non-violent assault?Hon ANDREW LITTLE: No that member is deliberately misrepresenting what was said—SPEAKER: Order! Order! [Interruption] Order! The Minister should know that he cannot make that accusation which is effectively a breach of privilege. The Minister will withdraw and apologise.Hon ANDREW LITTLE: I withdraw and apologise. The member has misunderstood what I have said. The charge that that particular offender faced was one of indecent assault—that was the name of the charge. The action which that charge related to was pinching a prison officer's bottom. Now that is a world of difference from other actions that result in a charge of indecent assault—that are genuinely more offensive are violent—and that is why the High Court judge grappled with the idea that he should sentence that offender to seven years and he declined to do so.Hon Mark Mitchell: How many people under your definition of non-violent assaults—SPEAKER: Order! Order!Hon Mark Mitchell: —sorry the Minister's definition of non-violent assaults—are currently in prison?Hon ANDREW LITTLE: Again I don't have that detailed figure but I repeat: what we do know is that 50 percent of offenders entering the prison system in any one year are convicted of offences that do not entail violence and are not otherwise serious offences. That member will know that we have a sentencing Act and a sentencing regime that distinguishes between different categories of offence. There is more serious offending and there is less serious offending.Hon Mark Mitchell: Does he stand by the definition of a low-level criminal as given to the House yesterday as not committing violent crimes … [only] committing … 'street crimes' … younger offenders young male offenders those with mental health issues those with addiction issues those with literacy problems—[actually] all people who have problems"?Hon ANDREW LITTLE: That is one of the more ridiculous questions asked in this House for a long period of time. The—Hon Mark Mitchell: Point of order Mr Speaker.SPEAKER: I can't at the moment see what the question can be. The member's asked does he stand by his statement made in the House yesterday and I think what we're going to do is we're going to hear the Minister's reply.Hon ANDREW LITTLE: I did not define less serious offending in those terms. That member has taken a number of statements made at different times in the House yesterday to—Hon Mark Mitchell: I raise a point of order Mr Speaker. I need to address that because—SPEAKER: No—is the member disagreeing with the answer?Hon Mark Mitchell: I am. I've got the Hansard here—SPEAKER: Well the member can't.Hon ANDREW LITTLE: As I said before our criminal justice regime recognises a difference between more serious offending and less serious offending. That's why we have a sentencing Act. That's why we have different lengths of custodial sentence prescribed for different crimes—Hon David Bennett: I'd hate to see if someone pinched you whether they'd get in prison.Hon ANDREW LITTLE: —and in fact we have sentencing that doesn't even involve custodial sentences because the offending is at the less serious end and can be dealt with by non-custodial sentences including with fines and other financial penalties.SPEAKER: I just want to deal with Mr Bennett now. Mr Bennett can you just please hold your tongue and especially not refer to people pinching me while that happens. It hasn't happened for a very long time and it certainly shouldn't result in a prison sentence.Hon Mark Mitchell: I raise a point of order Mr Speaker. Can I just bring to your attention that the Minister just intentionally misled the House in that answer?SPEAKER: If you think that then there's an appropriate action to take and that wasn't it."