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Violent Offenses Legislation: Part 2, the Imprisonment of Offenders Who Used Serious Violence

NCJ Number
120946
Author(s)
S Kettles
Date Published
1989
Length
22 pages
Annotation
This study reports on the impact of New Zealand's 1987 amendment of the Criminal Justice Act 1985 to require a full-time custodial sentence for specified violent offenders.
Abstract
Offenders subject to the requirement are those who use serious violence in committing an offense subject to a maximum sentence of imprisonment for 2 or more years but less than 5 years; those with two or more convictions within 2 years of violent offenses subject to a maximum sentence of imprisonment for 2 years or more; and those convicted of a violent offense subject to a maximum sentence of imprisonment for 2 years or more, who at the time of committing the offense were on bail for any other offense involving violence. The amendment was expected to produce an increase in the imposition of custodial sentences for such offenders. Data show that following the legislative change there was an insignificant increase in the proportion of custodial sentences resulting from violent offenses with a maximum sentence of imprisonment for 2 to 5 years and a slight increase for offenses with a maximum sentence of imprisonment for 5 years or more. There is a significant variation from month to month in the proportion of custodial sentences resulting from convictions for violent offenses subject to a maximum sentence of imprisonment for 2 years or more. The variations observed in the monthly proportions after August 1, 1987, were within the range of variation in the past. It is difficult to determine whether the amendments have produced any overall effect on the sentencing of violent offenders. 3 tables, 1 figure, appended legislation.

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