Law Society, Attorney General concerned as Select Committee recommends expanded ESOs

The New Zealand Law Society has backed concerns held by the Attorney General regarding proposed Extended Supervision Orders. The Law and Order Select Committee has recommended that the Bill expanding the use of the orders, be passed into law.

The Parole (Extended Supervision Orders) Amendment Bill, which would expand Extended Supervision Orders (ESOs) for child sex offenders beyond the current maximum ten-year time frame, passed its first reading in Parliament in July 2014. Under the amendment, ESOs would be able to be renewed as often as they are considered needed, and could also be applied to high-risk sex offenders against adults and very high-risk violent offenders. The first ESOs lasting ten years are due to run out at the start of 2015.

A report by Attorney General Chris Finlayson released in April says the Amendment Bill limits people's rights guaranteed under the Bill of Rights Act, including freedom from double jeopardy and retroactive punishment, as renewable nature of the Bill effectively allows for an indeterminate or open-ended sentence.

The Law Society said it agrees with the need to protect the public from sexual and violent offenders but believes the Bill in its current form should not be passed into law. The Law Society President, Chris Moore, said "Rights against retroactive penalties and double jeopardy are fundamental constitutional safeguards within New Zealand's system of criminal justice. These rights should not be eroded through incremental amendment."

The Bill will be debated in Parliament and is expected to gain cross-party support. Corrections Minister Sam Lotu-liga said the proposed changes "carefully balanced" the need to protect people from serious offending and the rights of offenders. Labour MP Phil Goff said he was worried about the human rights implications but he was confident the orders would be preventive measures and not used punitively.

An ESO would be reviewed every two years by the Parole Board and every five years by a judge.

Media:

Lifelong checks for worst crims, NZ Herald, 10.11.2014

Law Society urges Parliament to rethink parole reform, Law Society, 04.11.2014