The Government’s announcement that it intends to withdraw funding for sentencing reports, currently available under 27
of the Sentencing Act 2002, raises concerns for lawyers.
There are significant risks that it will make it harder for judges to impose appropriate sentences, undermine
rehabilitation and adversely impact reoffending rates. These are not the outcomes that the government, the legal
profession, or the public want, says Maria Dew KC, President of the New Zealand Bar Association | Ngā Ahorangi Motuhake
o te Ture.
Rachael Reed KC, Co-Chair of the Bar Association Criminal Committee, says Section 27 reports allow the judge to consider
the appropriate sentence, chances of successful rehabilitation and what support is available to achieve this. Currently,
offenders who qualify for legal aid can apply for funding for the preparation of a report. The government has announced
that it is introducing legislation to prevent legal aid from being used to pay for these reports. While the government
has indicated that the offender will still be able to call on a person to speak to the Court about their background, the
reality will be that access to important information will not be as readily available and risks disadvantaging those who
cannot afford to pay. The current situation, of funding s27 sentencing reports where appropriate, helps ensure equal
access to appropriate sentencing information for the Court.
The Bar Association invites the government to consider the evidence about the impact of s27 sentencing reports since
their use, to determine whether the cost / benefit justifies their continuation, when assessed against reoffending rates
and rehabilitation gains made.