The ACT Party is proposing changes to the Sentencing Act to ensure judges prioritise public safety when handing down punishments to criminals.
The legislation currently states judges should "impose the least restrictive outcome" appropriate in the circumstances of the offending.
But ACT's justice spokesperson Nicole McKee said judges should be handing down sentences that reflect "the seriousness of the crime and that prioritises public safety".
If the party got its way, it would make changes to Section 8 of the Sentencing Act - which outlines the principles judges should follow when deciding sentences - to "rebalance sentencing in the interests of the victim and the community".
They include:
- ACT would clarify that judges are to impose the least restrictive outcome that does not impose a disproportionate risk to the community.
- ACT would ensure that judges not only consider the historical impacts of the offending on the victim, but also consider any present risks the sentence may impose on the victim.
- ACT has previously committed to abolishing cultural reports, we would also abolish the consideration of cultural background as a principle of sentencing.
The party also plans to make changes to ensure home detention or community-based sentences can only be imposed if "doing so does not disproportionately increase risks to the public".
"We would improve the information available to judges on the risks of re-offending," McKee said.
"A lot of information about the risks of reoffending can be gleaned by algorithmic risk assessments. Modern risk assessment models process large amounts of data about individuals' criminal history and characteristics in order to identify patterns and relationships, forming the basis of probabilistic predictions about future convictions and sentencing."
She said the Department of Corrections has a risk prediction tool called 'RoC*RoI' to inform decisions around rehab and parole.
"ACT would require judges to include in sentencing the offender's RoC*RoI score and how it has influenced the judge's sentencing decision (including any conditions put on the sentence). ACT would also commit to ensuring the RoC*RoI tool is fit for sentencing purposes. Ultimately, however, judges would still maintain discretion in sentencing."
The party said the changes are necessary to putting victims first in the justice system.
"It's time we sent a message to New Zealand that crime will be punished, that criminals can't get away with light sentences after committing senseless violent acts, and that victims are at the heart of the justice system."
National is also proposing changes to how judges punish criminals.
The party's policy, announced in June, would see judges limited to reducing sentences by no more than 40 percent from the starting point.
"Any more than that undermines the purpose and impact of the sentence and undermines the public's faith in the courts," leader Christopher Luxon said at the time.
National would also only allow offenders to be given discounts for their youth or remorse once and stop taxpayer funding for cultural reports.
Then-Justice Minister Kiri Allan called limiting judges' discretion an "egregious overreach", but agreed further thought was required about how cultural reports are funded.
