Five Million Voices

Should the Sentencing Act be amended to cap sentence discounts at 40 percent, limit discounts for some factors, and require cumulative sentences for offences committed on bail or in custody?

The bill amends the Sentencing Act to limit the size of sentence reductions judges can give and to change how sentences are structured for offending committed on bail or in custody. It is framed by the Government as part of a wider law-and-order package.

⚡ Taken under urgency

Parliament advanced this bill under urgency (committee of whole house, first reading, third reading) — moving it through faster than usual, with less time than normal for public submissions.

MPs’ arguments for and against the bill

Why support it
  • Supporters argued the cap on sentence discounts would prevent serious offenders from receiving large reductions, citing a case where an offender against a child received a 75 percent discount and avoided prison.
  • Supporters said tougher consequences and greater offender responsibility respond to victims who have been seeking firmer penalties for offending.
Why oppose it
  • Opponents argued the 40 percent cap on sentence discounts restricts judges' ability to weigh the full range of mitigating factors in complex cases, potentially producing unjust outcomes.
  • Opponents said restricting discounts for younger offenders could undermine their rehabilitation and disproportionately affect disadvantaged communities, and that imprisoning more people risks exposing them to further criminal influence rather than addressing drivers of crime such as methamphetamine.

These are claims MPs made in Parliament’s debate — not verified facts.

Full bill summary & link to official bill page

This bill amends the Sentencing Act 2002 to make sentences tougher and more consistent. Its central change caps the total reduction (discount) a judge can give an offender at 40 percent of the starting sentence, so combined discounts for factors like a guilty plea, remorse or youth cannot exceed that limit. It also restricts some discounts, adds new aggravating factors (circumstances that increase a sentence, such as offending against sole-charge workers), and pushes for cumulative rather than concurrent sentences for crimes committed while on bail or in custody. It affects offenders, judges and victims.

The bill implements a governing-party commitment to restore what supporters call "real consequences" for crime, amid concern that large cumulative discounts made sentences too lenient. Supporters say capping discounts improves consistency and public confidence, and that repeat offending on bail deserves extra punishment. Critics say rigid caps erode judges' discretion to tailor fair sentences, may discourage early guilty pleas (slowing courts and burdening victims), and will likely swell the prison population and costs without clearly cutting crime.

See the Parliament.nz ↗ site for the full bill.

Oppose (No) Support (Yes)

Sentencing (Reform) Amendment Bill · Third Reading, 25 Mar 2025
Parliament voted 68–55 — it passed.