Friday 2 May 2014

Caught in the ACT - The Negligible Impact of the UK Three Strikes Burglar Policy


By Kim Workman

Last Monday’s announcement by Jamie Whyte that ACT would introduce a three strikes policy for burglars caught me by surprise - so much so that I initially attributed the policy to the Conservative Party – an early morning blunder on which I blame the combination of diabetes and a surfeit of easter eggs.   More importantly, the rationale for this policy contradicted everything I thought I knew about burglars and punishment.  In particular, ACT claimed that (a) most burglaries are committed by sophisticated professional burglars, (b) burglars make a rational choice to offend, based on a calculated risks/benefit analysis; and (c) prison acts as a deterrent. 

Most of my concerns were picked up by media commentators and fellow blogsters.   The Waikato Branch of the Law Society questioned the deterrence theory, Justspeak  challenged the ‘rational choice’ theory, and pointed out that the science of brain development tells us that our young people have a reduced ability to be aware of the consequences of their actions. This means a deterrence-based criminal justice system is likely to be especially ineffective in reducing offending by young people.  Read more

But it was  veteran journalist and blogster Bryan Edwards, who gave the most compelling description of the way most burglars behave – one that resonated with my own experience as a police officer. 

There are several problems with deterrent sentences. The first is that they don’t work. …………….In general the people we call ‘criminals’ aren’t particularly good at thinking or weighing the consequences of their actions. The burglar won’t  put down his jemmy to consider Dr Whyte’s increased penalties for burglary. He doesn’t think, “Hmm. I’ve been banged up twice already for nicking stuff from people’s houses. Previously I might have got 18 months, but now I’ll get three years. I really don’t think it’s worth the risk. I’ll go and get a job instead.”

Leaving aside the burglar’s chances of getting a job with two convictions under his belt already, he’s unlikely to go through this process of considering the length of sentence he’ll get for a third offence. By definition, recidivist criminals aren’t good at learning from their mistakes. So our burglar is more likely to think: “I’ve done 30 burglaries, got nicked twice, not a bad average. And I probably won’t get nicked again anyway. I’m better at it now. Learnt a lot in the slammer.” The near total failure of the New Zealand police, who are brilliant at catching murderers, to catch burglars might suggest that he has a point.


The New Zealand Herald’s editorial, 'Act Party's burglary law will strike out'  provided a thorough analysis of the policy, which resulted in a rejoinder from ACT defending the policy. 

Some aspects of the policy are unsettling.  The idea of increasing the length of imprisonment for offenders, relates to only 15% of cases where burglars are caught – and after they have traumatised   burglary victims.  It is not proactively concerned with reducing the number of victims.  In an interview with Newstalk ZB’ Mike Hosking Jamie Whyte said that when the law is introduced anybody that’s got two or more strikes will automatically go on to three strikes.  Well, Attorney General Andrew Finlayson has already agreed that such a measure is inconsistent with the right to be free from retroactive penalties and double jeopardy affirmed in the Bill of Rights Act. This view was confirmed by the Court of Appeal in Belcher v Chief Executive of the Department of Corrections


Reducing Burglary by 35% ? - Yeah Right

The one attractive aspect of this policy was that the since the introduction of the UK Three Strikes legislation in 1999, it had reduced the burglary rate by 35%.  I was unsure of this claim for three reasons.  First a policy that successful would have been widely publicised; and yet I had not seen any research about it.  Second, it seemed odd that it would have that effect when the average time burglars spend in UK prisons is 7 months, compared to 16 months in New Zealand.  

Third, ACT’s statements on the issue were inconsistent: 


“a similar policy introduced to England and Wales in 1999 had resulted in a 35 per cent drop in burglaries”.  Waikato Times

“The policy is modelled on a three strikes for burglary law introduced in England and Wales in 1999. Burglary in England has since dropped by 35 per cent since the introduction of the three strikes. After a third conviction for burglary offenders in England are imprisoned for three years with parole. The New Zealand Herald

In the policy launch,  Jamie Whyte said: 


Three strikes for burglary was introduced to England and Wales in 1999. As in New Zealand, burglary was out of control and given a low priority by the police and the courts. A Labour government passed a three strikes law whereby a third conviction for burglaries earned a mandatory three years in prison.  Burglary in England has fallen by 35 percent.

The ACT Policy Statement however, is more cautious:
 
Since a three-strikes-for-burglary policy was introduced in the England in 1999 the number of burglaries has declined by 35%. Some of this decline is surely due to the three strikes policy and generally tougher sentencing introduced in the 1990s.

What is the Truth?

How true is this claim?  I contacted the Editorial Board of the UK Prison Service Journal, (of which I am a member), and other UK criminologists and criminal justice professionals, including Professor Mike Hough, the UK expert on sentencing policy.  They came back with the same response - there is no suggestion at all that the three strikes legislation has played any major part in the reduction in burglary.  While there has been a 35% drop in burglary in the UK since 1999, there were similar drops for car crime and other property offences, for which there is no three strikes provision.  A Rethinking media statement, ACT fabricates claim that UK 3 Strikes for burglars reduced crime, explains what did assist in reducing burglary.
 
More significantly, the UK three strikes provision is has been applied  in only 22% of all 3 strikes casesThe minimum term was introduced in December 1999 under the Powers of Criminal Courts Act. By the end of 2008, some 3,018 offenders were convicted of a third burglary. But just 684 – or 22 per cent – of them have been handed three years or more while up to another 517 were given three years but then had time taken off for a guilty plea.

Some 463 offenders were not sent to prison at all, including 257 who were given a community sentence, 114 who had a prison suspended, eight who were handed a fine and 18 who were given a conditional discharge. Of those who were sent to custody, more than 500 were given less than a year.


Why is this?  Well I can only speculate, but there are two issues that stand out.  First, the UK has a set of sentencing guidelines which guides judges in sentencing practises, in order to avoid the inconsistent practises which are a hallmark of New Zealand justice. (1)


The UK Sentencing Guidelines require the sentencing judge to consider factors relating to the level of harm caused by the offender, the extent of culpability, seriousness of offences, and any personal mitigating factors.  Having done that exercise, the Judge is then instructed that:
 ‘where sentencing an offender for a qualifying third domestic burglary, the Court must apply Section 111 of the Powers of the Criminal Courts (Sentencing) Act 2000 and impose a custodial term of at least three years, unless it is satisfied that there are particular circumstances which relate to any of the offences or to the offender which would make it unjust to do so.'

It may be that the judiciary consider all the standard factors relating to the crime of burglary, and determine the penalty.  If they decide at that point that three years imprisonment is not appropriate, they  then set about to satisfy themselves that an ‘exceptional circumstance’ exists, which ensures that a more appropriate penalty applies.
  
One could argue that the Judiciary resent applying a sentence that is determined not by themselves, but by Parliament.  Mandatory sentences undermine the expertise and independence of judges who do not take kindly to any violation of the principle that  one of the cornerstones of our democracy is that sentencing in individual case is rightly a matter for the judge. 
  
They are assisted in that by case law, and sentencing precedent.  The UK Court of Appeal, in an opinion by Lord Chief Justice Wolfe, in a case involving mandatory life sentences for second serious violent or sexual crimes, ruled that a finding that the offender “was not felt to present a significant risk to the public” would satisfy the “exceptional circumstances” test. (2)
 
The UK Sentencing Advisory Panel, which advises the country's most senior judge, has also assisted signalling  that burglars could escape a prison sentence if they are drug addicts or alcoholics, under the ‘exceptional circumstances’ clause. 

There is another reason.  Judges know that imprisonment rarely acts as a deterrent, a fact borne out by the deterrence research to date.  As a result, nearly 80% of all third time burglars escape the three year sentence. 


Legislation that is resisted to that degree, is legislation not worth having.  Far better that we focus on front end policies that reduce the prevalence of burglary and involve the Police and community partners in strategies that work. 



References
1.  Goodall, Wayne and Russil Durrant, 'Regional variation in sentencing: The incarceration of aggravated drink drivers', Australian & New Zealand Journal of Criminology June 3, 2013.


2.  Jones, Trevor, and Tim Newburn. 2006. “Three Strikes and You’re Out: Exploring Symbol and Substance in American and British Crime Control Policies.” British Journal of Criminology 46(5):781–802.

70 Comments on this Post:

Dr Justin Barry-Walsh said...

KIm nice little article. I was also suprised to hear of the claimed success of the three strikes for Burglary in the UK. It took me less than 5 minutes on google to establish it can't have made any difference to the drop in burglaries as it was rarely used. lazy work by ACT

Unknown said...

Thanks for one’s marvelous posting! I really enjoyed reading it, you’re a great author.I will be sure to bookmark your blog and definitely will come back someday. I want to encourage continue your great writing.Bus back panel advertising in Chennai are engaged in offering a wide range of Bus Back Panel Advertising to their valued clients. They render these services with the support of their experienced professionals and following international market trend. Their products are available demands and requirements of clients.

Write my paper for cheap said...

Good post!!
Prosecutors ought to consider whether the procurements of areas 327 to 329 of the Proceeds of Crime Act 2002 give a suitable contrasting option to offenses of taking care of stolen products.

Kimboom said...

Thanksfor the best blog. it was very useful for me.keep sharing such ideas in the future as well. Friv Juegos | Y10 | Yepi Game

Paulo said...

On account of an understudy advance, the thinking is that the expanded salary you get as a consequence of your training will more than make up for the hazard the moneylender is taking by giving you a credit. Fundamentally, he is depending on your expanded wage to supplement the advance he offers. check cashing

Cakengift said...

Enjoy the best cakes delivery in the comfort of your home.
Online Cake in Gurgaon
Online Cake in Ghaziabad
Online Cake in Dehradun

Paulo said...

As indicated by figures discharged by the Education Department, 23 obligation gathering offices presently utilized to recoup defaulted understudy advances have recuperated more than $3.8 billion in beforehand uncollected income, a 41-percent expansion over the past obligation accumulation contract. payday loans

Paulo said...

Another awesome advantage of combining private understudy advances is the positive effect on your financial assessment. When you make your month to month advance installments on time, it does a ton of good shockingly score and this extraordinarily helps in getting you various types of credits with negligible loan costs. check cashing san-diego

Unknown said...

The primary line of protection against defaulted understudy credits is basically to pay your installments reliably and on time. Be that as it may, on the off chance that you have a genuine money related emergency which dispenses with this choice, there are options accessible to help you abstain from defaulting. payday loans

Unknown said...

Along these lines, you should explore understudy advances. Understudy advance union is one of the most ideal approaches to spare cash since you are just required to pay your credits back in little additions. You can likewise investigate government and private understudy advances, which accompany advantages and disadvantages. Check Cashing Chula-vista

Unknown said...

None of these previously mentioned methods of giving administrations can give 100% advance absolution. By and large understudies locate a 15% waiver in the first and second years, 20% in the third and fourth year and 30% in the fifth year. Working for such foundations likewise helps an understudy to diminish the term of reimbursement of the credit. Check Cashing

Cara mengobati kista coklat said...

may be useful for all, helpful article once and pardon me permission to share also here :

Obat aliran darah tidak lancar
Obat herbal miom
Manfaat pisang ambon

Eric said...

Thanks for share this is great information about og youtube
microg apk

Sam said...

Thanks for sharing microg apk
microg for ogyt
microg for iytbp

Unknown said...

Dj Liker APK

howard said...

best mod application of chatting GBWhatsApp App

Anonymous said...

Hey, know About Maitland Ward biography? Visit Our page or Secrets Of Maitland Ward! Do You Know?

Anonymous said...

Hey, know About Muzaffar Ahmed biography? Visit Our page or Muzaffar Ahmed Bio, Born, Age, Death, Height, Facts, Family, News, Secrets, Trivia, Updates

Anonymous said...

That's interesting pist

mohit said...

Pretty blog, so many ideas in a single site, thanks for the informative article, keep updating more article.
funny wifi names
anniversary quotes

Unknown said...

A burglary offense under area 9 Theft Act 1968 is a genuine determined offense inside the importance of part 5 of the Criminal Justice Act 2003 on the off chance that it was carried out with the goal to (a) perpetrate deplorable real mischief on an individual, or (b) do unlawful harm to a structure or anything in it. Cheap Assignment - BuyAssignment.com

John Wick said...

benefits of cod liver oil Cod liver oil can be obtained from eating fresh cod liver or by taking supplements.

John Wick said...

Titan Gel is a titan gel 使い方 lotion made of naturally found herbal ingredients

John Wick said...

Black Latte Dry Drink Black Charcoal Latte from Black Latte Erfahrungen, Forum, Bewertungen, Kaufen – Deutschland

AjayKM said...

good post thanks! 1377x

AjayKM said...

good post thanks
mohit15 doodlekit business idea
dengloweinen webnode proxy guide

garminexpress8 said...

Thank you for telling us about the Negligible Impact of the UK Three Strikes Burglar Policy. Did you know garmin has introduced an computer application Garmin Express that helps the user in easil setting up, registering and managing their garmin device.The Garmin is known for its GPS and navigation device for cars, outdoor activities and fitness activities.
Download Garmin Express

samadabbas said...

Ecommerce website design, website maintenance cost in dubai & Integration company in the Dubai. Expert PrestaShop, Open Cart, Shopify, Magento and WordPress developers.

Abid Karwan said...

Most of my concerns were picked up by media commentators and fellow blogsters. The Waikato Branch of the Law Society questioned the deterrence theory, Just speak challenged the ‘rational choice’ theory, and pointed out that the science of brain development tells us that our young people have a reduced ability to be aware of the consequences of their actions. This means a deterrence-based criminal justice system is likely to be especially ineffective in reducing offending by young people. Buy Assignment Online

contactassistance said...

Hi i am riya smith technical advisior please visit my websites=

garmin express
Norton com Setup
Office setup
McAfee/activate
dragon Naturally Support
hp printer support Number
webroot Login
Office com Setup
Norton antivirus Login
brother printer drivers windows 10
=========================================================================


brother printer drivers windows 10
brother printer drivers download
brother printer drivers mac
brother printer drivers windows 7brother printer driver download
download brother printer driver

ArloJasper said...

wow this is one of the best blog that I have ever seen so far Top Assignment Writing Services go here for details.

Ryan Axel said...

Thank you for posting such a great article! It contains wonderful and helpful posts. Keep up the good work
How to seduce a girl

Abet lenato said...

Your place is valueble for me. Thanks!

Multichain.com
Information
Click Here

Sarah Winget said...

Our smoothed out system guarantee opportune accommodation of each assignment be it an earnest cutoff time or a last moment accommodation. Our group of specialists is all around prepared to deal with earnest 'help me with my assignment' demands and guarantees that you are never late on any cutoff time. You can counsel our specialists whenever as they nonstop to give best of the administrations and resolve your inquiries identified with your assignments. write my assignment

Unknown said...

Good writing article and very informative. It's will be useful for my future fabulouswritings I like this writing post. But even all this blog is great and full of information.

China B2B Marketplace said...

Such a great post. first time I visit your website and I am glad to pray here and read this wonderful post.

Anonymous said...

thanks for share this policy, i need to read this law for my assignment , very informative blog

REAL ESTATE MARKETING COMPANY IN ISLAMABAD said...

Ammar Forte Pvt. Ltd is a real estate marketing firm with offices in Lahore, Karachi, and Islamabad. We have effectively dealt with and delivered the real estate business for the past 12 years and are regarded as one of Pakistan's most famous real estate marketing organizations. We have an extraordinary position in comprehending the concept of being a transparent and dependable institution.

James K. said...

The setup process for every Canon model is almost similar, however the download through https //ij.start.cannon or http //ij.start.cannon and installation process may differ. All-in-one Canon Inkjet printers are suitable for home, business, school, and others to improve productivity. Depending on your requirement, it offers a type printer including PIXMA, SELPHY, MAXIFY, etc. Some factors need to be in mind while choosing an inkjet printer for you. Later, you can easily set up your Canon printer through drivers from canon.com/ijsetup , wireless connection, USB, and a few components. |
ij.start cannon

Software House said...

This article was quite fascinating to read. I'd want to express my gratitude for the time and attention you put into making this fantastic post. Contact us about the blockchain app development company opportunity we've been provided.

Ina said...

The Academic writers working at my assignment help can compose your papers with most extreme flawlessness regardless of how convoluted the point is. They have been chosen to serve our customers later a severe enlistment process wherein they needed to step through writing examinations to demonstrate their writing capacities and subject information. The experts we have on board have a place with the Australia, and as they are locals, writing extended Academic papers in the English language is a cakewalk for them.

Owen oliver said...

There is noticeably a bundle to know about this. I assume you made certain nice points in features also.

Chitchatr.com
Information
Click Here
Visit Web
App1.findit.com

SCARLET BROWN said...

"Hi my loved one! I wish to say that this post is amazing, nice written and come with almost all vital info's. I would like to peer extra posts like this"

성인야설
대딸방
타이마사지
안마
바카라사이트

Anonymous said...

Best Places To Bet On Boxing - Mapyro
Where To Bet On Boxing. It's a sports betting event in which https://vannienailor4166blog.blogspot.com/ you bet on the outcome of a game. 출장샵 In sol.edu.kg the boxing world, each player must decide if or casinosites.one not to

Travis Wills said...

Download Cricut Design Space from Cricut.com/setup | Cricut com setup windows | cricut.com setup windows and install it to set up your Cricut machine. With the installation, you can easily move on to designing, cutting, and crafting. An account is essential to create that allows you to select multiple projects and keeps you updated.

William Woodruff said...

All criminals think they are very smart while committing crimes and think they will never be caught but in reality, it is not so. Every crime has a clue that a smart detective can easily find and catch the culprit easily. Buy Dissertation Online UK

IIFD Chandigarh said...

Indian Institute Of Fashion & Design- IIFD is One of the Best Fashion Design Colleges in Chandigarh. IIFD is The most popular and Leading Fashion Design Institute in Chandigarh which offers professional training in Fashion Design Courses in Chandigarh. IIFD is committed to excellence, creation, and growth for their students through ongoing educational activities, and live sessions, They offer an industry-ready curriculum that helps you improve your practical knowledge and skills.

Pure Mart said...


Thanksfor the best blog. it was very useful for me.keep sharing such ideas in the future as well.
Virgin Indian Hair Extensions

online dissertation writing services in uk said...

In the new book, Penguin flies back to Antarctica with the aid of his companions to show them the wonders of flying. However, swimming piques their curiosity more. Penguin must come to terms with the fact that his fellow penguins don't share his yearning to soar. They do tell him that they are very proud of him and that they would be thinking of him, their cherished penguin with the soul of an eagle, while they stare up into the sky.

CDR Australia said...
This comment has been removed by the author.
cropped jumpsuit women said...

I found this very helpful if you're looking for best cropped jumpsuit women

Mike Fury said...

For sandbag filler bags visit us

Mike Fury said...

Regardless of whether you need a sophisticated jacket for an occasional function or your job uniform. You can create your very own, completely unique coats at custom made jackets online

Mike Fury said...

Contact Us to see about data recovery, cloud storage or network security. data recovery services in Bay Area

Mike Fury said...

I find blog quite informative and if you are looking for Mold inspection & testing services visit

Mike Fury said...

For any roof installation needs, contact affordable roof installation contractors . As a full-service roofing company for both homes and businesses

305customworld said...

If you are looking for a Sci-Fi book to read visit G. Grace

Win Matrix said...

The Mega Millions lottery has captured the imagination of millions of players around the world with its jaw-dropping jackpots and thrilling game play. buy mega millions online lottery

jamesanderson said...

Wow, I'm truly impressed by the quality of your blog! It's evident that you pour your heart and soul into creating valuable content for your readers. I can't thank you enough for the insights and knowledge I've gained from your posts. Your dedication to making complex topics easy to understand is commendable. Keep up the excellent work, and I eagerly await your next masterpiece
Nueva Jersey Orden Protección

Airline Limo Pearson said...

Experience luxury airport limo services in toronto with Airline Limo Pearson. Reliable, comfortable, & stylish transportation for your travel needs

selim said...

şırnak
ağrı
maraş
yalova
zonguldak
S4O

Gta Pro Railings said...

We have a variety of styles and colors to choose from. If you can’t make a choice, our installers would be happy to help you by showing you a sample of our work and material during an estimate. Quality Railing and Experienced Railing Contractor Toronto Staff.

AMELIA ETHAN said...

Prime Medical, synonymous with excellence in healthcare, proudly offers a comprehensive range of services. For specialized urologist in jamaica trust the expertise of our dedicated urologists.

criminal law assignment help said...

In exploring the UK's Three Strikes Burglar Policy, it's evident that its impact is negligible. Despite its implementation aiming to deter repeat offenders, empirical evidence suggests otherwise. The policy fails to address underlying factors driving criminal behavior and lacks effectiveness in reducing burglary rates significantly. Understanding the complexities of crime prevention necessitates comprehensive approaches beyond punitive measures. Policymakers should prioritize evidence-based strategies for rehabilitation, socio-economic support, and community engagement to address root causes effectively. For insights into criminal law assignment help and analysis of policy effectiveness, consult experts well-versed in criminology and legal studies.

patrick davidson said...

Jamie Whyte's three strikes policy for burglars took me by surprise! Initially thought it was Conservative Party's. Must be the morning haze! Also, looking for a pool company near me

AMELIA ETHAN said...

Indeed, it's easy to mix up policies, especially with morning fog! Nonetheless, the three strikes approach warrants discussion. On another note, how's the progress at the medical center kingston
? Their innovations could significantly impact healthcare.

Anonymous said...

The implementation of the three strikes law for burglary in England and Wales in 1999 marked a significant shift in addressing crime and enhancing public safety. With burglary previously being a low priority for law enforcement and the courts, the introduction of mandatory sentencing for repeat offenders underscored the government's commitment to tackling this issue. The notable decrease of 35 percent in burglary rates reflects the effectiveness of this policy in deterring criminal behavior and safeguarding communities. This legislative approach highlights the importance of proactive measures in addressing societal challenges. For those studying criminology or seeking insights into crime prevention strategies, examining the impact of such laws can offer valuable perspectives. Consider seeking uk assignment help for comprehensive analysis and understanding of this topic.

Astroport Global said...


Visitors to Ajmer can choose from a wide range of hotels that suit their needs, whether they are looking for a luxurious stay with top-notch services or a more budget-friendly option without compromising on comfort. Many
hotels in Ajmer India are conveniently located near popular landmarks, shopping areas, and transportation hubs, making it easy for guests to explore the city and its surroundings.

From boutique hotels with unique decor to chain hotels with familiar amenities, travelers have plenty of options to choose from when booking accommodations in Ajmer, ensuring a memorable and enjoyable experience during their stay in this vibrant city.

Phone Number Generator said...

The Relationship Tracker Online is ideal for couples who want to cherish and record their shared experiences, from first dates to anniversaries. It's a simple, yet meaningful way to keep your relationship milestones organized and memorable.

Aliza Martin said...

An interesting take on the minimal effectiveness of the UK Three Strikes Burglar Policy. It highlights the need for more thoughtful legislation and effective crime prevention strategies. For students exploring similar topics, working with a personal statement writer in NZ can help sharpen your arguments and present your findings clearly.

Post a Comment