New Act for Returning Offenders Breaches Rights
20 November 2015
New Act for Returning Offenders
Breaches Rights
JustSpeak is concerned that the newly
enacted legislation which creates parole-like conditions for
New Zealanders who served prison sentences overseas is
unfair and breaches fundamental rights protected by the Bill
of Rights Act. The legislation leads to double jeopardy
through the arbitrary enforcement of harsher and longer
punishment than if the conduct had been committed in New
Zealand.
“The Act creates parole-like conditions
for all ‘Return Offenders’. New Zealanders returning
home after completing sentences overseas will be monitored
by Corrections in a way that ordinarily only offenders who
had not yet completed their sentence would be subjected
to.” says JustSpeak spokesperson Hannah Gabriel “For
example if a person was convicted for 6 years in Australia,
served 4 years and was on parole for the final 2 and then
was deported to NZ after their parole had ended, they would
be contacted by Corrections on their arrival and be given
parole conditions for another 2 years. People are
effectively being forced to serve an extra half
sentence.”
“The NZ Bill of Rights guards against
double jeopardy (being punished for the same crime twice)
but that is exactly what is happening here. People who have
already done their time will be given extra punishment in
the name of community safety. The speed with which this
legislation passed meant that there has been no opportunity
to examine whether community safety was at risk in the first
place, or whether the community will be any safer
now.”
“Another unjust effect is that the
legislation does not allow for differences in sentencing for
similar offences - if a person served over a year in prison
for something that would be an imprisonable offence in New
Zealand, then the conditions will apply. This will lead to
perverse outcomes. For example, if a New Zealander is
charged with possession of cannabis in Indonesia and spends
4 years in prison, a further compulsory 2 years of
parole-like conditions would apply on their return. This is
a total of 6 years punishment for an offence that would only
result in a maximum of 6 months of prison if it had occurred
in New Zealand. This attitude condones and adds to the
arbitrary punishment of New
Zealanders.”
ends