Assaults on Police, Corrections officers to be aggravating factor at sentencing

The Government is to legislate to make offending against Police and Corrections officers an aggravating factor at sentencing.

Justice Minister Simon Power has received Cabinet approval on a proposal to amend the Sentencing Act.

"There has been a significant increase in the number and rate of assaults on law enforcement officers over the past five years and the Government has decided it wants to send a message that it is unacceptable," Mr Power said.

“Under the current law, the fact that an offence has been committed against a law enforcement officer is not an aggravating factor that must be taken into account at sentencing, and the Government wants to change that.

“We want to ensure this is taken into account by judges when sentencing offenders. At present it is not a mandatory consideration.

“Though the new aggravating factor does not automatically require an increase in an offender’s sentence, explicit legislation denouncing this type of offending will help ensure the courts impose appropriate penalties.”

Between the 2004-05 year and 2008-09 total assaults on Police increased by a third, from 1,869 to 2,481, while serious assaults increased 38 percent, from 298 to 412.

The number of serious assaults on Corrections staff that require hospitalisation or time off work has been tracking down over the past year. However, between the 2004-05 year and 2008-09 the total number of assaults increased from 151 to 304.

“These figures are of great concern. An attack on a Police or Corrections officer represents an attack on the community and the rule of law,” Minister of Police and Corrections Judith Collins said.

“I’m confident that making assaults on Police or Corrections officers an aggravating factor at sentencing will help ensure that the courts impose heavy penalties for serious assaults on these people.

“Our Police and Corrections staff keep the community safe from our most dangerous people. This amendment sends a strong signal that the Government will do everything in its power to protect them while on the job.”

The Government intends to introduce legislation next month to amend the Sentencing Act.

In the meantime, the Ministry of Justice, in consultation with the Police and the Department of Corrections, will look at the adequacy of existing special offences relating to assaults on law enforcement officers and will report back to the Government by June next year.

Current special offences include:

• A maximum of 14 years’ imprisonment for using a firearm against any police, traffic, or prison officer.
• A maximum of three years’ imprisonment for the aggravated assault on a constable in the execution of their duty.
• Provisions under the Summary Offences Act for assaults on a police officer with a maximum penalty of six months’ imprisonment.
• Provisions under the Summary Offences Act for resisting a police, prison or traffic officer with a maximum penalty of three months’ imprisonment.

ENDS

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