12. Question No. 12—JusticeNICOLE McKEE (ACT) to the Minister of JusticeQuestion No. 12—Justice12. NICOLE McKEE (ACT) to the Minister of Justice: How many prior convictions on average does a third-strike offender have?Hon KRIS FAAFOI (Minister of Justice): Today the Government announced we are delivering on our 2020 campaign commitment to repeal that law because it hasn't worked. It has created some manifestly disproportionate sentencing outcomes. And after the repeal judges will continue to have tough sentencing tools for when they require them. Cabinet considered retrospectivity but decided to protect victims having to go through a legal process if resentencing occurred. Based on available data I'm advised that the average prior convictions of third-strikers is 74.3. Under our law change that is proposed judges will continue to have serious tools to deal with serious offenders and that discretion is for the judiciary. Prior convictions are already an aggravating factor under our sentencing practices and this will continue to be the case.Nicole McKee: Does he accept that his changes will mean that violent offenders who commit multiple violent offences will likely receive less severe sentences than they would have under the three-strikes regime?Hon KRIS FAAFOI: I think what will be assured by the changes and the repealing of the three-strikes regime passed by ACT and National is that judges will continue to have serious tools to deal with serious offending and that the discretion for the judgment will be with the judiciary.Nicole McKee: Why should violent offenders like Dylan Davis who brutally beat the victim to death and received a third strike be given anything less than a maximum sentence possible under law?Hon KRIS FAAFOI: As I have maintained under the law if there is serious offending the sentencing tools are still available to the judiciary. Those tools will still exist and that discretion is for the judiciary. As I mentioned in the response to the primary question there have also been some manifestly disproportionate sentences handed out to people under the three-strikes regime one which recently had the attention of the Supreme Court.Teanau Tuiono: What specific investments in the justice system will the Government make to support rehabilitation and community-based alternatives to imprisonment?SPEAKER: No. Order! Order! That's sort of a good question and if there had been something heading in that direction it would have been an OK supplementary but this is a quite specific area of questioning rather than a general one on the justice system.Nicole McKee: Thank you Mr Speaker. How many victims of violent crime did he speak to in the process of preparing his proposed repeal of the three strikes?Hon KRIS FAAFOI: I speak on a relatively regular basis to the likes of the Chief Victims Advisor and of course Justice had an interaction with stakeholders as the policy was being put together. I will remind the member that Cabinet had the plight of victims very much at the front of its thinking which is why as I mentioned in the beginning of my answer there is no retrospectivity we do not want victims to be re-victimised through a process which might include resentencing.Hon Simon Bridges: In light of his discussion on ongoing tough sentencing is he ruling out today any retrospectivity and indeed any compensation for prisoners who have been sentenced under the existing three-strikes law and who are found to have served sentences which following his law change are deemed too long?Hon KRIS FAAFOI: I think I've already addressed the issue of retrospectivity. There's no mention of compensation within the proposed law changes that we'll make. I'd also note that—to reiterate—for serious criminal offending there will continue to be serious sentencing tools available to the judiciary. For those who believe that they may have been subject to a disproportionate sentence the Supreme Court has recently ruled on that and there may be an avenue for them to take there.Hon David Parker: In terms of the sorts of offences that are covered by the three-strikes law does the offence of stealing the identity of a dead baby to obtain a false passport count?Hon KRIS FAAFOI: I don't believe that is a strike offence under my understanding. But I will note that the architect of this bill former ACT member—SPEAKER: No. No. Order! Order! We've now gone past the point of answering the question and to the point of using a question to attack an Opposition party and we'll stop it there.Teanau Tuiono: Does the removal of the third-strike law demonstrate a new approach including more effective community-based rehabilitation initiatives?SPEAKER: Much better.Hon KRIS FAAFOI: Yes it does. I think instead of taking a gimmicky approach to law and order and making sure there are fewer offenders it's time to start investing in the likes of things like the alcohol and other drug treatment courts which actually has metric proof that it is reducing reoffending.