Law Society urges Parliament to rethink parole reform

The New Zealand Law Society says it agrees with the Attorney-General that the proposed expansion of the Parole Act’s Extended Supervision Orders (ESO) regime is inconsistent with the New Zealand Bill of Rights Act 1990.

In a submission to Parliament’s Law and Order select committee, the Law Society expresses concern about the Parole (Extended Supervision Orders) Amendment Bill and the changes it makes to ESO penalties.

The Attorney-General’s report to Parliament says the bill limits people’s rights which are guaranteed by the Bill of Rights Act. These include the right to be free from double jeopardy and retroactive punishment. The report says those limits are not justified in a free and democratic society.

The Bill proposes to expand the existing ESO regime to include high-risk sex offenders against adults and very high-risk violent offenders. It would also extend the regime by permitting an ESO to be renewed for consecutive 10-year periods as often as needed, effectively allowing a kind of indeterminate or open-ended sentence.

Law Society President Chris Moore says the changes are inconsistent with section 26 of the Bill of Rights Act.

“Rights against retroactive penalties and double jeopardy are fundamental constitutional safeguards within New Zealand's system of criminal justice. These rights should not be eroded through incremental amendment,” he says.

Mr Moore says while the Law Society agrees there is a need to protect the public from the risk of sexual offending and serious violent offending, it believes the Bill in its current form should not be passed into law.

“Parliament should instead consider whether the policy objectives can be achieved in a way that is less restrictive of fundamental rights and freedoms – for example, through the sentence of preventive detention at the time of sentencing,” Mr Moore says.

ends

© Scoop Media