1 00:00:00,360 --> 00:00:02,960 Speaker 1: So the government's going to pull sentencing judges into line. 2 00:00:03,000 --> 00:00:05,400 Speaker 1: It's announced a suite of changes to sentencing laws. The 3 00:00:05,400 --> 00:00:08,239 Speaker 1: maximum discount on a sentence will be forty percent. There 4 00:00:08,280 --> 00:00:10,560 Speaker 1: will be a new aggravating factor for those who offend 5 00:00:10,560 --> 00:00:13,720 Speaker 1: against sole charge workers like dairy workers, and a judge 6 00:00:13,760 --> 00:00:17,200 Speaker 1: will be instructed to take into account the victim's interests 7 00:00:17,480 --> 00:00:20,160 Speaker 1: in the sentence as well. Paul Goldsmith is Justice Minister 8 00:00:20,160 --> 00:00:20,440 Speaker 1: with us. 9 00:00:20,440 --> 00:00:22,720 Speaker 2: Now, hey, Paul, hey, how are you going? 10 00:00:22,920 --> 00:00:25,079 Speaker 1: Very well? Thank you? Aren't judges just going todict the 11 00:00:25,079 --> 00:00:28,120 Speaker 1: system anyway by starting lower? They when they start applying 12 00:00:28,120 --> 00:00:30,440 Speaker 1: the discounts, So if they start lower, a forty percent 13 00:00:30,440 --> 00:00:32,040 Speaker 1: discount will get them where they want to go anyway. 14 00:00:33,400 --> 00:00:37,879 Speaker 2: Well, look, ultimately it's the role of Parliament to indicate 15 00:00:37,920 --> 00:00:40,640 Speaker 2: what the sentence law is and what the framework is 16 00:00:41,120 --> 00:00:44,760 Speaker 2: and what we've seen. No society can function if there 17 00:00:44,760 --> 00:00:48,560 Speaker 2: are not clear consequences for crime and people are taking 18 00:00:48,600 --> 00:00:51,080 Speaker 2: responsibility for their crimes. And the worry that we've had 19 00:00:51,159 --> 00:00:55,200 Speaker 2: is that those consequences have diminished over the last few 20 00:00:55,240 --> 00:00:59,440 Speaker 2: years as more and more discounts have been applied by judges. 21 00:00:59,800 --> 00:01:01,800 Speaker 2: So we're just coming back and saying well, actually, no, 22 00:01:01,920 --> 00:01:05,399 Speaker 2: we're going to restrict the ability for those discounts to 23 00:01:05,440 --> 00:01:08,120 Speaker 2: be applied to forty percent. And that seems very clear 24 00:01:08,240 --> 00:01:10,720 Speaker 2: signal from Parliament, which is a reflection of the very 25 00:01:10,760 --> 00:01:14,600 Speaker 2: widespread concerns in the community around violent crime. And so 26 00:01:14,680 --> 00:01:17,200 Speaker 2: that's the message you're going to send and I'm confident 27 00:01:17,240 --> 00:01:18,240 Speaker 2: that it will be registered. 28 00:01:19,040 --> 00:01:23,640 Speaker 1: So the forty percent discount is the maximum unless manifestly unjudged. 29 00:01:23,680 --> 00:01:26,160 Speaker 1: Aren't judge is just always going to use manifestly unjudged 30 00:01:26,160 --> 00:01:26,679 Speaker 1: to get out of it? 31 00:01:27,920 --> 00:01:30,920 Speaker 2: No, I don't think so, and there's a clear threshold 32 00:01:31,040 --> 00:01:35,760 Speaker 2: for that. But now the threehomplament, well that it is 33 00:01:35,800 --> 00:01:37,760 Speaker 2: manifestly unjust, but that there is a sort of a 34 00:01:37,800 --> 00:01:40,080 Speaker 2: core process and an understanding of what that means. And 35 00:01:40,120 --> 00:01:41,480 Speaker 2: it's not the standard up will he need it? 36 00:01:41,560 --> 00:01:44,959 Speaker 1: So manifestly unjust, manifestly unjust is not just a vibe. 37 00:01:45,040 --> 00:01:46,399 Speaker 1: There's actual definition of what. 38 00:01:46,400 --> 00:01:51,520 Speaker 2: It is, indeed, and so look for that it's manifestly unjust, 39 00:01:51,960 --> 00:01:55,960 Speaker 2: and I'm freaking out. It's not a vibe. But it 40 00:01:56,000 --> 00:01:58,960 Speaker 2: was in the context of the free strikes legislation, and 41 00:01:59,320 --> 00:02:02,760 Speaker 2: there's been quite a sort of case all that's developing 42 00:02:02,800 --> 00:02:05,920 Speaker 2: around there. But the point is, ultimately Parliament can decide 43 00:02:06,400 --> 00:02:10,160 Speaker 2: at the moment it has maximum sentences for particular crimes. 44 00:02:10,600 --> 00:02:13,000 Speaker 2: The Apartment could have minimum sentences or it could have 45 00:02:13,040 --> 00:02:15,600 Speaker 2: a mandatory sentence. We haven't gone that route. What we've 46 00:02:15,600 --> 00:02:18,240 Speaker 2: done is we've put some boundaries around the system, but 47 00:02:18,320 --> 00:02:21,120 Speaker 2: ultimately Parliament has options up at sleeve, but needs to 48 00:02:21,240 --> 00:02:23,720 Speaker 2: But you know, we want to work. You know, there's 49 00:02:23,760 --> 00:02:28,600 Speaker 2: committee between the executive and the judiciary. But we're sending 50 00:02:28,639 --> 00:02:31,720 Speaker 2: a very clear message right here, right now that we 51 00:02:31,760 --> 00:02:34,920 Speaker 2: want to have tougher sentences. Previous government had a message 52 00:02:34,919 --> 00:02:36,840 Speaker 2: we want to reduce a prison population. No matter what 53 00:02:37,360 --> 00:02:40,320 Speaker 2: our clear messages, we want to have tougher consequences for 54 00:02:40,400 --> 00:02:43,079 Speaker 2: crime because that's what the community wants and we need 55 00:02:43,120 --> 00:02:45,640 Speaker 2: to deal with what have been an increase in violent 56 00:02:45,639 --> 00:02:46,720 Speaker 2: crime over the last year. 57 00:02:46,800 --> 00:02:50,600 Speaker 1: Have you dropped the plan to do the cumulative sentences 58 00:02:50,600 --> 00:02:52,919 Speaker 1: for offenses that are committed on parole, biol or custody. 59 00:02:54,400 --> 00:02:56,840 Speaker 2: No, we haven't dropped it. What we're doing is we're 60 00:02:57,440 --> 00:03:03,160 Speaker 2: limiting concurrent sentencing and making it a provision that states 61 00:03:03,160 --> 00:03:07,880 Speaker 2: a cumulative sentences And yeah, it's confusing, but tumulatives where 62 00:03:07,960 --> 00:03:12,560 Speaker 2: if you have, you've been caught something doing well, yeah, 63 00:03:12,560 --> 00:03:15,000 Speaker 2: but your message is well, what we're doing is we're 64 00:03:15,000 --> 00:03:18,480 Speaker 2: saying that cumulative sentences will generally be appropriate for offending 65 00:03:18,480 --> 00:03:23,320 Speaker 2: one parole capacity. We haven't got rid of concurrent sentences entirely, 66 00:03:24,720 --> 00:03:27,720 Speaker 2: and so what we've agreed as a cabinet is to 67 00:03:27,760 --> 00:03:29,560 Speaker 2: strengthen up the law in the area so that the 68 00:03:29,639 --> 00:03:34,239 Speaker 2: expectation is that there will be communative cumulative sentences that 69 00:03:34,320 --> 00:03:35,040 Speaker 2: people are offending. 70 00:03:35,640 --> 00:03:37,200 Speaker 1: Okay, cool, where's it coming in. 71 00:03:38,440 --> 00:03:42,560 Speaker 2: Well, probably early next year it will be passed. We're 72 00:03:42,560 --> 00:03:45,200 Speaker 2: working on drafting the legislation right now, will be introduced 73 00:03:45,240 --> 00:03:48,200 Speaker 2: in the next few months, we briefly committee process and 74 00:03:48,240 --> 00:03:50,840 Speaker 2: then it will be read role early next year. 75 00:03:50,920 --> 00:03:52,240 Speaker 1: Good stuff. Hey, Paul, thank you very much. 76 00:03:52,240 --> 00:03:52,640 Speaker 2: Appreciate. 77 00:03:52,640 --> 00:03:54,200 Speaker 1: It's Paul Goldsmith, the Justice Minister. 78 00:03:55,200 --> 00:03:58,360 Speaker 2: For more from Hither Duplessy Allen Drive. Listen live to 79 00:03:58,480 --> 00:04:01,600 Speaker 2: news talks it'd be from four weekdays or follow the 80 00:04:01,640 --> 00:04:03,320 Speaker 2: podcast on iHeartRadio.