Suspended sentence system mooted

Press, 13 August 1980, Page 5

Suspended sentence system mooted

PA Wellington Su&pendftd sentences are being considered as an addition to the sentencing powers of the courts, says the Minister of Justice (Mr McLay)..

A discussion paper released by the Planning and Development Division of the Justice Department examines the idea of the suspended sentence as it applies in other countries. The paper is intended ■’o promote discussion on the value of such a sentence in New Zealand. “In recent years it has become very clear that imprisonment is extremely expensive to the taxpayer and is ineffective in preventing crime,” ,Mr McLay said. “Effective alternatives must .be' found and ..$ the suspended sentence is--one sanction my department is.looking at.” •• The idea of a suspended sentence is that the Judge [ would' pass sentence, but then delay it for a certain period of time.' ■'. The judge might' impose conditions’, such as paying compensation, as a condi- . tion of,, deferring the sentence....’ . / . ■ ' .’.' .If the offender'does not re-offend during the period, and observes any other conditions that the court imposes, no further action is taken. If re-offending -occurs, the offender may be im-

prisoned for the period fixed for the original offence. A further penalty mav also be imposed for the” later offence. “This type of sanction would be. especially useful where society needs formally to register its disapproval of the crime, but where no useful purpose would result by actually imprisoning the offender,” Mr McLay said.

“It would seem most appropriate for the ‘uncharacteristic offender’ — a person with no previous criminal record who is unlikely to re-offend, yet whose offence is serious enough to require a prison sentence.”' It was believed that 11 per cent of New Zealand’s prison population could be classes as this type of offender, Mr McLay said. The suspended sentence had a long. and respected history .'in Europe, being particularly, effective in France; . Belgium, and Switzerland, J The mere recent introduction 'in Australia and England . and Wales had. .however, highlighted sdirie difficulties. 1

.. Mr) McLay ’'said that- .by publishing a ‘ discussion paper he hoped to obtain views as to whether the idea had merit in New Zealand, and to ensure' that difficulties ex-' perienced in other countries were avoided.