STATISTICAL BULLETIN

Number 1, December 2007

An Overview of Conviction and Sentencing Statistics in New Zealand 1997 to 2006

Introduction

This bulletin provides a summary of statistics on the conviction and sentencing of offenders in New Zealand between 1997 and 2006. The raw data on which this report is based is available through the Table Builder function on Statistics New Zealand’s website.[1] Using Table Builder, it is possible to produce customised tables in order to examine particular subjects of interest.

This bulletin provides a broad overview of data on prosecution outcomes, convictions, and sentencing for the decade from 1997 to 2006, and summarises key statistics for the 2006 calendar year, including some data about the gender, age, and ethnicity of offenders.

It consists of four sections. The first section provides a brief overview of dominant trends over the decade. The following three sections examine prosecution outcomes, convictions, and sentencing patterns in turn. Within the section on sentencing, additional information is provided separately for custodial sentences, community-based sentences, and monetary penalties.

Figure 1: Flow through the criminal justice system

The diagram above illustrates the flow of charges and cases through the criminal justice system. The scope of the conviction and sentencing data used in this report encompasses the shaded part of the diagram, from prosecution outcomes through to sentencing.

I. Overall Trends

Over the decade from 1997 to 2006 the following key trends were observed in relation to criminal prosecutions, convictions and other outcomes, and sentences:

• The total number of charges prosecuted in New Zealand courts generally increased from 2002 onwards. The number remained relatively constant between 2004 and 2005, before increasing by 7% in 2006. Most charges prosecuted involved either property or traffic offences.

• A conviction was the most common prosecution outcome throughout the decade, however, the proportion of charges resulting in a conviction declined slightly over the period (from 69% to 65%).

• The number of charges resulting in a conviction increased from 2002 onwards, rising by 18% between 2002 and 2006.

• The number of charges resulting in a conviction generally increased for most offence categories over the decade; convictions for miscellaneous offences exhibited the largest increase at 96%, followed by offences against justice and offences against good order, which respectively increased by 61% and 51%. However, convictions for charges involving property and drug offences declined by 12% and 13% respectively.

• Monetary penalties were the most common type of sentence imposed over the decade. Almost half of all convicted cases each year resulted in monetary penalties as the most serious sentence.

• Fines were most frequently imposed for charges involving traffic offences, a trend which has increased slightly over the decade.

• Reparation was most likely to be imposed for charges involving property offences. However, the proportion of all charges resulting in reparation that involved property offences declined over the decade, as reparation sentences have been more frequently imposed for other types of offence (particularly traffic and violent offences).

• After monetary penalties, work-related community sentences were the next most common type of sentence imposed during the decade. Cases involving traffic and property offences represented the largest proportion of cases resulting in this type of sentence. Although cases involving violence were less likely to result in work-related community sentences, between 2004 and 2006 an increasing number of violence cases were resolved in this manner.

• The number of convicted cases resulting in custodial sentences remained relatively constant between 1997 and 2002, before increasing by 7% in 2003. Between 2004 and 2006, the number of cases resulting in imprisonment remained stable at an average of 10,458. Most custodial sentences were imposed in cases involving property, violent, or traffic offences.

• Most custodial sentences imposed were under one year in duration, although the average sentence length ranged from 13 to 15 months over the decade. Since 2004 the average custodial sentence length has remained relatively stable at 14 months.

II. Prosecution outcomes

This section reports on information about the outcomes of all charges that were prosecuted within the New Zealand court system during the 1997 – 2006 period.

Key results for 2006

In 2006, charges involving property and traffic offences[2] respectively accounted for 27% and 25% of all charges prosecuted. A further 12% involved violent offences, 10% offences against justice, 10% miscellaneous offences, 7% offences against good order, 6% drug offences, and 3% involved other offences against the person.

The most common outcome for all offence categories was a conviction. In 2006, 201,517 charges resulted in a conviction: a 7% increase from 2005. Traffic charges had the highest conviction rate, with 81% of all traffic charges resulting in a conviction. For other offence types, 74% of charges involving offences against justice, 64% miscellaneous offences, 62% offences against good order, 61% drug offences, 58% property offences, 55% other offences against the person, and 48% of charges for violent offences resulted in a conviction.

After a conviction, the next most common outcome was ‘not proved’, with 30% of all charges resulting in this outcome in 2006. The number of charges resulting in a ‘not proved’ outcome in 2006 was 93,270: this represented an 8% increase from 2005. Charges involving violent offences and other offences against the person were most likely to result in this outcome, with 46% and 40% of charges for these offence types respectively recorded as ‘not proved’. Traffic offences were the least likely to result in a ‘not proved’ outcome, with only 16% of charges involving traffic offences resulting in this outcome in 2006.

In 2006, 3% of all charges were ‘proved’ in the Youth Court, while 2% were discharged without conviction and 0.1% resulted in ‘other’ outcomes (including charges where a stay of proceedings occurred, a person was found to be under disability, acquitted by reason of insanity, or where a person was found unfit to stand trial).

Decade trends 1997 – 2006

The total number of charges prosecuted in New Zealand courts increased from 1997 to 1998, before decreasing by 4% between 1998 and 2002 (from 270,842 to 259,361). Between 2002 and 2004, the number increased by 11%, and then remained relatively constant until 2006, when the number increased by a further 7% to 308,965.

Across the decade, a conviction was the most common prosecution outcome. The number of charges resulting in a conviction rose slightly from 1997 to 1998, then decreased by 8% between 1998 and 2002 (from 185,839 to 170,518), before increasing by 18% to 201,517 in 2006. However, the proportion of all charges resulting in conviction declined from 69% to 65% over the decade.

Table 1 Outcome of all charges prosecuted, 1997 to 2006

During the decade, the proportion of charges resulting in ‘not proved’ and ‘discharge without conviction’ outcomes increased. Between 1997 and 2006, the number of charges that resulted in a ‘not proved’ outcome increased by 31%, from 70,987 to 93,270. A ‘not proved’ outcome does not necessarily mean a defendant was found ‘not guilty’, but could mean a charge was dealt with under the Police diversion scheme and withdrawn or dismissed, or was alternatively withdrawn and replaced with a different charge. Over the decade, the number of charges resulting in a ‘discharge without conviction’ increased by 71%, from 3,574 in 1997 to 6,117 in 2006.

Charges resulting in Youth Court ‘proved’ and ‘other’ outcomes respectively accounted for an average of 2% and 0.1% of all prosecuted charges each year between 1997 and 2006. The number of charges that resulted in a Youth Court ‘proved’ outcome increased between 1997 and 1999, before declining between 1999 and 2002. The number subsequently increased by 42% from 5,447 in 2002 to 7,741 in 2006. The number of charges resulting in ‘other’ outcomes remained comparatively small, fluctuating between 240 and 475 over the decade.

Figure 2. Outcome of all charges prosecuted, 1997 to 2006

III. Convictions

This section provides further information about court charges resulting in convictions between 1997 and 2006.

Key results for 2006

A total of 201,517 charges resulted in a conviction in 2006. Most of these involved traffic or property offences, which respectively accounted for 31% and 24% of all charges resulting in a conviction. Charges involving offences against the administration of justice accounted for 12% of all convictions, while charges for miscellaneous offences and violent offences accounted for 9% of all convictions. Charges involving offences against good order, drug offences, and other offences against the person respectively represented 7%, 6% and 2% of all charges resulting in a conviction in 2006.

Demographic information about convicted persons is collated on the basis of cases; consequently the following information is presented for cases rather than charges. The age and gender of offenders was recorded for almost every case in 2006. Where gender was known, 82% of cases resulting in a conviction involved male offenders. In cases where the offender’s age was known, 21% involved those aged 17 to 19 years, 24% involved offenders aged 20 to 24, 14% involved offenders aged 25 to 29, 21% involved offenders aged 30 to 39, and 19% involved offenders aged 40 years and over. In 2006, ethnicity was recorded in 87% of all cases resulting in a conviction. Where ethnicity was known, 45% of those convicted were NZ Europeans, 43% were Māori, 9% were Pacific peoples, and 3% were identified as ‘other’.[3]

Decade trends 1997 – 2006

Between 1997 and 2006, the number of convictions generally increased for most offence categories. The largest growth occurred in the miscellaneous offence category, where the number of convictions increased by 96% from 9,706 in 1997 to 19,032 in 2006. The number of convictions for charges involving offences against justice and offences against good order increased by 61% and 51% respectively during the decade, while convictions for charges involving other offences against the person rose by 32%, violent offences by 9%, and traffic offences by 5%. Notably, however, the number of convictions for charges involving property offences and drug offences declined by 12% and 13% between 1997 and 2006.

Table 2 Total number of charges resulting in conviction by type of offence, 1997 to 2006

Figure 3. Convicted charges by offence type, 1997 to 2006

IV. Sentencing

This section provides an overview of sentencing patterns for convicted cases. It includes information on all types of sentences available in the period, namely: custodial, community-based, monetary, deferment[4], conviction with discharge, and ‘other’[5]. It provides a brief summary of key sentencing patterns for 2006, before analysing the overall sentencing trends over the decade in two distinct periods: the period before the change to CMS (1997 to 2003) and the period after the change (2004 to 2006).

Notes on sentencing data

As noted above, where a case involves more than one charge, the charge taken to represent the case is the one that resulted in the most serious penalty. Consequently, less serious offences and sentences are likely to be underrepresented in the following analysis.

In addition, the data used for this report does not include ‘follow-up’ sentences. Examples of follow-up sentences include those imposed when offenders default in the payment of a monetary penalty and have another sentence imposed; sentences imposed when an offender has their community-based sentence reviewed; or, prior to the abolishment of suspended sentences in 2002, when an offender had a suspended sentence of imprisonment activated.

Key legislative changes made during the decade also affect the interpretation of data presented in this section. In 2002, two new pieces of legislation largely replaced the Criminal Justice Act 1985: the Sentencing Act 2002 and the Parole Act 2002. These Acts changed the sentences available to courts, particularly in relation to community-based sentences. Because this report includes information on community-based sentences before and after the introduction of these Acts, to simplify analysis information on periodic detention and community service sentences prior to 2002 and community work sentences from 2002 onwards has been grouped together as work-related community sentences.

Key results for 2006

In 2006, 112,774 cases resulted in a conviction. Of these, 47% resulted in a monetary penalty, 24% in a work-related community sentence, 11% in a conviction and discharge, 9% in a custodial sentence, 5% in a deferment, 2% in a supervision sentence, and 2% in ‘other’ sentences. This sentencing pattern was similar to the corresponding statistics for 2005.

Decade trends 1997 – 2006

The total number of cases resulting in a conviction fluctuated during the 1997 to 2003 period, increasing by 4% from 96,515 in 1997 to 100,205 in 1998.  The number then decreased by 6% between 1998 and 2002 to 94,339, before rising by 5% between 2002 and 2003. The total number of convicted cases dropped slightly between 2004 and 2005 (from 109,017 to 107,934), before increasing by 4% to 112,774 in 2006.

The most common sentence imposed before and after the LES/CMS transition was a monetary penalty (fines and/or reparation), with almost half of all convicted cases resulting in this type of sentence as the most serious sentence. Between 1997 and 2000, the number of cases resulting in monetary penalties remained relatively constant at an average of around 47,300 per annum. Between 2000 and 2003, however, the number increased by 7% to 50,733 in 2003. Between 2004 and 2005, the number of cases resulting in monetary penalties decreased by 4% (from 52,918 to 50,650), before increasing by 5% to 53,207 in 2006.

Table 3 Total number of convicted cases resulting in each type of sentence, 1997 to 2006

Within both periods, a work-related community sentence was the second most common type of sentence imposed. The number of cases resulting in a work-related community sentence as the most serious sentence increased by 9% between 1997 and 1998, before declining by 15% between 1998 and 2000. From 2000 to 2003, the number remained relatively stable at an average of around 25,000 per annum. Between 2004 and 2005, the number remained constant at an average of 25,000, before increasing by 9% to 27,196 in 2006.

Between 1997 and 2002, the number of cases resulting in custodial sentences remained relatively constant at an average of around 8,000 per annum, representing 8% of all convicted cases. However, between 2002 and 2003 the number increased by 7% (from 7,930 to 8,497), and accounted for 9% of all convicted cases in 2003. Between 2004 and 2006, the number of cases resulting in custodial sentences remained relatively stable at an average of 10,500 cases per annum.

Between 1997 and 2003, the number of cases resulting in a conviction and discharge increased by 71% (from 4,068 to 6,960). Between 2004 and 2006, the number remained relatively stable at an average of around 12,300 per annum. While 4 to 7% of cases resulted in a conviction and discharge between 1997 and 2003, 11 to 12% of cases resulted in this sentence between 2004 and 2006. As a consequence of this increase, during the 2004 to 2006 period this outcome overtook imprisonment as the third most common type of sentence imposed.

Figure 4. Sentences Imposed, 1997 to 2006

An average of 4% and 3% of all convicted cases resulted in deferment and supervision sentences each year during the decade. The number of cases resulting in deferment increased by 10% between 1997 and 1998 (from 3,233 to 3,560) and then remained stable at an average of around 3,600 cases per annum between 1999 and 2002. From 2002 to 2003, the number increased by 14% to 4,134. Between 2004 and 2006, the number of cases resulting in deferment increased by 11% (from 4,831 to 5,345). The number of cases resulting in supervision declined each year between 1997 and 2003. Between 2004 and 2006, the number of cases resulting in supervision increased by 11% (from 2,014 to 2,243).

‘Other’ sentences, which include driving disqualifications and orders made under section 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003, were the least common sentences imposed during the decade. Between 1% and 2% of cases resulted in ‘other’ sentences each year during the decade. The number of convicted cases resulting in ‘other’ sentences increased from 808 in 1997 to 1,295 in 2003. Between 2004 and 2006, the number of cases that resulted in ‘other’ sentences rose by 10% (from 1,878 to 2,061).

i. Custodial sentences

This section provides further information about cases where a conviction resulted in a custodial sentence.

Key results for 2006

In 2006, a total of 10,469 cases resulted in a custodial sentence. Of these, 30% involved property offences, 26% violent offences, 20% traffic offences, 12% offences against justice, 8% drug offences, 2% offences against good order, 2% miscellaneous offences, and 1% were for other offences against the person.[6]

Most cases resulting in custody had sentences of under three months’ duration imposed, and 71% resulted in sentences of less than 12 months. A further 16% of cases received custodial sentences of one to two years’ duration, 7% resulted in sentences of two to three years, 4% received sentences of three to five years, and 2% resulted in determinate sentences that were more than five years in length. There were 25 cases resulting in life sentences and 12 cases resulting in sentences of preventive detention in 2006. The average minimum non-parole period imposed was 14 years for life sentences, and almost seven years for preventive detention sentences.[7]

Of those cases that resulted in a custodial sentence, the majority (90%) involved males. Where the offender's age was known, 12% involved offenders aged 17 to 19, 24% related to offenders aged 20 to 24, 17% involved offenders aged 25 to 29, 26% involved offenders aged 30 to 39, and one-fifth involved offenders aged 40 or over. Where ethnicity was known, Māori accounted for over half of all cases resulting in imprisonment (53%), while 37% and 7% respectively involved NZ European and Pacific persons, and 3% were identified as ‘other’.

Decade trends 1997 – 2006

Across the decade, cases involving property offences, violent offences and traffic offences accounted for the majority of cases resulting in custodial sentences, respectively accounting for an average of 30%, 26%, and 21% of custodial sentences imposed each year. A further 10% of cases resulting in imprisonment involved offences against justice, 9% drug offences, 2% offences against good order, 1% other offences against the person, and 1% involved miscellaneous offences each year between 1997 and 2006.

Figure 5. Custodial sentences imposed by offence type, 1997 to 2006

Cases involving property offences represented the largest proportion of all cases resulting in custodial sentences during the decade. The number of custodial sentences imposed for cases involving property offences increased between 1997 and 2003. Between 2004 and 2006, the number declined by 3% (from 3,243 to 3,146).

Cases involving violent offences represented the next largest proportion of all cases resulting in a custodial sentence. The number of custodial sentences imposed for cases involving violent offences generally trended downwards between 1997 and 2002, before increasing in 2003. Between 2004 and 2006, the number increased by 8% (from 2,512 to 2,705).

Cases involving traffic offences represented approximately one-fifth of all custodial sentences imposed each year during the decade. The number of cases involving traffic offences that resulted in a custodial sentence decreased by 13% between 1999 and 2001 (from 1,788 to 1,557), before increasing to an average of approximately 1,600 in 2002 and 2003. Between 2004 and 2006, the number fluctuated around an average of 2,100.

Cases involving offences against justice represented an increasing proportion of all cases resulting in custodial sentences during the decade. The number of such cases resulting in imprisonment generally decreased between 1998 and 2003. Between 2004 and 2006, the number increased by 12%, from 1,076 to 1,206.

The number of custodial sentences imposed in cases involving drug offences increased from 639 in 1997 to 871 in 2003. Between 2004 and 2006, the number decreased from 976 to 813.

Across the decade, cases involving offences against good order, other offences against the person, and miscellaneous offences accounted for a small proportion of all cases resulting in custodial sentences.

Figure 6. Custodial sentence lengths imposed, 1997 to 2006

Between 1997 and 2003, the average custodial sentence length imposed increased by 16% from 13 and a half months to almost 15 months. Between 2004 and 2006, the average length remained stable at 14 months.

During the decade, the majority of cases resulting in custody received sentences of 12 months or less. Most had sentences of under three months’ duration imposed, and, on average, such sentences were imposed in almost one third of all cases resulting in custodial sentences each year over the period. The number of cases receiving custodial sentences that were under three months’ duration declined by 32% between 1997 and 2003 (from 2,562 to 1,746). Between 2004 and 2006, the number increased slightly from 2,899 to 2,996.

Cases resulting in sentences of three to six months and six to 12 months made up, on average, 20% and 21% of all cases resulting in custodial sentences each year over the decade. The number of cases receiving sentences of three to six months’ duration rose by 18% between 1997 and 2003. Between 2004 and 2006, the number of cases receiving this sentence length grew by 4% (from 2,067 to 2,147). The number of cases resulting in prison sentences of six to 12 months’ duration increased by 37% from 1,585 in 1997 to 2,166 in 2003. Between 2004 and 2006, the number of cases resulting in custodial sentences of this length declined by 6% (from 2,356 to 2,223).

Between 1997 and 2003, the number of cases receiving sentences of one to two years increased by 50% (from 1,097 to 1,643), while between 2004 and 2006 the number stabilised at an annual average of 1,642. Cases resulting in sentences of two to three years accounted for around 6% of all custodial cases each year between 1997 and 2006. Between 1997 and 2003, the number of cases resulting in this length of sentence rose from 381 to 552. Between 2004 and 2006, the number increased from 654 to 710.

The proportion of cases resulting in determinate sentences of three years or more remained stable over the period, representing around 7% of all cases resulting in custodial sentences each year. The number of cases receiving such sentences increased slightly between 1997 and 2003 (from 555 to 634). Between 2004 and 2005, the number rose from 657 to 741, before dropping to 687 in 2006.

During the decade, only a small proportion of cases resulted in life imprisonment and preventive detention sentences, with such sentences collectively accounting for almost 1% of all cases resulting in custodial sentences. The number of cases resulting in life imprisonment ranged between 19 and 37 each year during the period, while the number of cases resulting in preventive detention ranged between 9 and 33. Between 1997 and 2003, the average non-parole period imposed on life sentences increased by 25% from 11 to 14 years. Between 2004 and 2006, the average length ranged from 14 to 15 years. The average non-parole period imposed on preventive detention sentences declined from a peak of 11 and a half years in 1998 to seven years in 2003, before increasing slightly between 2004 and 2006, from six and a half years to almost seven years.

ii. Community-based sentences

This section provides further information about cases that resulted in community-based sentences, including work-related community sentences and supervision. As noted above, the Sentencing Act 2002 altered the range and type of community sentences available. In particular, the sentences of periodic detention and community service were replaced by the community work sentence, while supervision was modified to incorporate the community programme sentence.[8] To enable trends to be more easily observed, data on periodic detention and community service sentences up to 2002, and community work sentences from 2002 onwards, have been grouped together as work-related community sentences.

Work-related community sentences: key results for 2006

In 2006, a total of 27,196 cases resulted in a work-related community sentence as the most serious sentence. The majority of these involved either traffic or property offences, which accounted for 35% and 27% of all work-related community sentences. A further 14% involved violent offences, 12% offences against justice, 5% drug offences, 4% offences against good order, 2% miscellaneous offences and 1% were for other offences against the person. This sentencing pattern was similar to that found in 2005.

In 2006, the average work-related community sentence length was 116 hours, which was similar to the average in 2005.

Work-related community sentences: decade trends

Between 1997 and 1998, the number of cases resulting in work-related community sentences increased by 9%, from 27,322 to 29,865, before declining by 15% to 25,519 in 2000. Between 2001 and 2003, the figures remained relatively constant at an average of 25,000. The number stayed at this level until 2006, when it increased by 9% (from 24,998 in 2005 to 27,196 in 2006).

Table 4 Work-related community sentences imposed by offence type, 1997 to 2006

Across the period, cases involving traffic and property offences accounted for the majority of cases resulting in work-related community sentences, respectively accounting for an average of 35% and 29% of cases receiving such sentences as the most serious sentence each year.

Cases involving traffic offences represented the largest proportion of all cases resulting in work-related community sentences. Between 1998 and 2002, the number of cases involving traffic offences resulting in such sentences declined by 33% (from 11,537 to 7,701), before increasing by 6% between 2002 and 2003. The number increased by 16% between 2004 and 2006, from 8,263 to 9,563.

Cases relating to property offences represented the next largest proportion of all cases receiving work-related community sentences. The number of work-related community sentences imposed for such cases peaked at 8,330 in 1999, before dropping to 7,590 in 2000, and then increasing slightly to 7,648 in 2003. Between 2004 and 2006, the number fluctuated at an average of approximately 7,200 per annum.

Cases involving violent offences made up an average of 12% of all cases resulting in work-related community sentences each year between 1997 and 2003. In the period 2004 to 2006, such cases represented an average of 14% of all cases resulting in work-related community sentences each year. The number of cases involving violent offences that resulted in work-related community sentences declined by 10% from 3,372 in 1998 to 3,037 in 2001, before increasing by 10% between 2001 and 2003 to 3,350. Between 2004 and 2006, the number increased by 13% (from 3,275 to 3,717).

Figure 7. Work-related community sentences imposed by offence type, 1997 to 2006

Offences against justice cases represented an average of 11% of all cases resulting in work-related community sentences each year between 1997 and 2003. The number of such cases resulting in work-related community sentences rose by 23% between 1997 and 2000 (from 2,451 to 3,010), and then remained constant at just under 3,000 between 2001 and 2002, before dropping by 15% to 2,534 in 2003. Between 2004 and 2006, the number increased by 20% (from 2,778 to 3,320).

Cases involving drug offences represented, on average, 8% of all cases resulting in work-related community sentences each year between 1997 and 2000. The number of drug offence cases resulting in a work-related community sentence generally declined from 2000 onwards, dropping by 33% between 2000 and 2003, from 2,591 to 1,734. Between 2004 and 2006, the number decreased by 12% from 1,574  to 1,380.

Cases involving offences against good order, other offences against the person and miscellaneous offences made up only a small proportion of all cases receiving work-related community sentences over the decade, respectively accounting for an average of 3%, 1%, and 1% of such sentences each year.

Between 1997 and 2003, the average length of work-related community sentences imposed was 124 hours. Between 2004 and 2006, the average length declined from 123 hours to 116 hours.

Supervision sentences: key results for 2006

In 2006, a total of 2,243 cases resulted in supervision as the most serious sentence imposed. Of these, 39% involved violent offences, 22% property offences, 14% traffic offences, 11% offences against the administration of justice, 5% offences against good order, while 4%, 3%, and 1% respectively related to drug offences, other offences against the person, and miscellaneous offences. These results were similar to those found in 2005.[10]

Supervision sentences: decade trends

The total number of cases resulting in supervision sentences as the most serious sentence generally declined over the decade, decreasing by 62% between 1997 and 2003, from 5,037 to 1,894. The number increased slightly from 2,014 in 2004 to 2,347 in 2005, before dropping to 2,243 in 2006.

Throughout the decade, most cases resulting in supervision sentences involved violent offences. The number of cases involving violent offences that resulted in supervision declined between 1997 and 2003. Between 2004 and 2005, the number increased from 699 to 975, before dropping to 872 in 2006.

Table 5 Supervision sentences imposed by offence type, 1997 to 2006

Cases involving property offences were the next most likely to result in supervision sentences, accounting for between 22% and 28% of all supervision sentences imposed each year over the decade. Between 1997 and 2003, the number of property offence cases resulting in supervision declined by 65%, from 1,380 to 494. Between 2004 and 2006, the number dropped from 541 to 502.

Cases involving traffic offences, on average, accounted for 17% of all cases resulting in supervision between 1997 and 2003. In the period from 2004 to 2006 such cases made up 14% of all cases resulting in supervision. The number of traffic offence cases resulting in supervision declined from 982 in 1997 to 298 in 2003. Between 2004 and 2006, the number fluctuated around an average of 300.

Cases involving offences against justice and drug offences respectively accounted for an average of 8% and 5% of all cases resulting in supervision sentences each year. The number of drug offence cases resulting in supervision decreased from 283 in 1997 to 69 in 2003. Between 2004 and 2006, the number fluctuated around an average of 97. The number of cases involving offences against justice that resulted in supervision peaked in 1999 at 316, before declining to 182 in 2003. The number increased from 210 in 2004 to 249 in both 2005 and 2006.

Cases involving offences against good order and other offences against the person respectively represented an average of 4% and 3% of all cases resulting in supervision sentences each year during the decade. The number of cases resulting in supervision that involved offences against good order declined from 158 in 1997 to 85 in 2003. Between 2004 and 2006, the number averaged 103. The number of cases involving other offences against the person that resulted in supervision declined from 113 in 1997 to 61 in 2003. The number increased from 49 in 2004 to 72 in both 2005 and 2006.

Cases involving miscellaneous offences made up the smallest proportion of supervision sentences, with almost 1% of such cases each year resulting in supervision as the most serious sentence.

Figure 8. Supervision sentences imposed by offence type, 1997 to 2006

The average length of supervision imposed over the period increased from just over nine and a half months in 1997 to just over 10 months in 2006.

iii. Monetary penalties

This section presents further information about convicted charges that resulted in monetary penalties. There are two types of monetary penalties: fines and reparation. Each of these will be explored, in turn, below. It is important to note that, unlike the sentences discussed above, all charges resulting in monetary penalties – regardless of whether this was the most serious sentence imposed – are included in the data used for this section.

Fines: key results for 2006

A total of 62,168 charges resulted in fines in 2006, which represented a 7% increase from 2005. Of these, 52% involved traffic offences, 20% miscellaneous offences, 10% offences against good order, 7% property offences, 5% drug offences, 3% violent offences, 2% offences against justice, and 1% related to other offences against the person. This pattern was generally similar to that found in 2005.

Fines: decade trends

Across the decade, the total number of charges that resulted in fines generally increased by 10%, from 56,276 in 1997 to 62,168 in 2006.

Charges involving traffic offences accounted for the majority of all fines during the period, with an average of 54% of all such charges resulting in fines per annum. Between 1997 and 2006, the number of traffic charges resulting in fines increased by 4% (from 31,158 to 32,451).

Figure 9. Fines imposed by offence type, 1997 to 2006

Between 1997 and 2006, charges involving miscellaneous offences represented an increasing proportion of all charges resulting in fines. The number of charges resulting in fines that involved miscellaneous offences almost doubled across the decade. Between 2005 and 2006, the number increased by 30% from 9,554 to 12,449.

Charges involving offences against good order represented, on average, 9% of all charges resulting in fines each year. The number of charges resulting in fines that involved offences against good order increased by 49% across the decade, from 4,247 in 1997 to 6,320 in 2006.

Charges involving property and drug offences accounted for an average of 8% and 7% of all charges resulting in fines each year during the decade. The number of fines imposed for charges relating to property offences peaked in 2001 at 4,824, before dropping by 13% to 4,154 in 2006. The number of fines imposed for drug charges peaked at 5,103 in 1999, before declining by 38% to 3,151 in 2006.

On average, 4% of charges resulting in fines each year related to violent offences. While such charges accounted for 5% of all fines in 1997, in 2006 only 3% of all charges resulting in a fine involved violent offences. The total number of violent charges that resulted in fines decreased by 34% over the decade, dropping from 2,731 in 1997 to 1,803 in 2006.

During the decade, charges for offences against justice and other offences against the person each accounted for an average of 2% of all fines imposed per annum. The number of fines imposed for charges involving offences against justice declined by 17% from 1,199 in 1997 to 990 in 2006, while the number of fines imposed for charges involving offences against the person peaked at 1,020 in 2003, before dropping to 850 in 2006.

The median fine imposed increased from $250 in 1997 to $300 in 1999, and subsequently remained at this level. The total amount of fines imposed increased by 35% across the decade, from $23 million in 1997 to $31 million in 2006.

Reparation: key results for 2006

In 2006, a total of 17,392 charges resulted in the imposition of reparation sentences: a 7% increase from 2005. Of these, 74% involved property offences, 12% traffic offences, 10% violent offences, 2% miscellaneous offences, 1% offences against good order, and 1% related to offences against the person. Very few involved drug offences and offences against justice. This breakdown was similar to that found in 2005.

The total amount of reparation imposed in 2006 was $23 million. This was 11% higher than the total amount imposed in 2005.

Reparation: decade trends

During the decade, the total number of charges resulting in reparation sentences increased by 35%, from 12,880 in 1997 to 17,392 in 2006.

Charges involving property offences accounted for the majority of all reparation sentences during the period. The number of property charges resulting in reparation increased by 15% between 1997 and 2006, from 11,147 to 12,826. However, property charges represented a decreasing proportion of all charges resulting in reparation. For example, while 87% of charges resulting in reparation involved property offences in 1997, 74% related to property charges in 2006.

Between 1997 and 2006, the number of charges involving violent offences that resulted in reparation tripled from 539 to 1,741. The number of traffic charges that resulted in reparation also tripled during this period from 698 in 1997 to 2,104 in 2006.

Charges involving miscellaneous offences, offences against good order, offences against the administration of justice, and other offences against the person accounted for only a small proportion of all charges resulting in reparation sentences over the decade. Collectively these offences accounted for an average of 3% of all charges resulting in reparation sentences each year between 1997 and 2006.

Figure 10. Reparation  sentences imposed by offence type, 1997 to 2006

The median amount of reparation imposed increased from $218 in 1997 to $300 in 2006. The total amount of reparation imposed almost doubled over the period, rising from $12 million in 1997 to $23 million in 2006.

Footnotes

1 www.stats.govt.nz/products-and-services/table-builder/

2 Only traffic offences resulting in a court-imposed penalty are included in the data used for this report. Consequently, traffic offences that resulted in infringement notices (for example, speeding or parking offences) are not included.

3 This category includes persons from Asian and Indian ethnic groups.

4 Deferment includes cases where an offender is required to come up for sentence if called upon to do so (deferment also included cases resulting in suspended sentences until this type of sentence was abolished under the Sentencing Act in 2002).

5 Including driving disqualifications and orders made under section 34 of the Criminal Procedure (Mentally Impaired Persons) Act 2003.

6 Because only a small number of cases resulted in community programme sentences as the most serious sentence between 1997 and 2002, and the community programme sentence became subsumed within supervision under the Sentencing Act 2002, trends in community programme sentences are not commented on in this report.

7 Due to rounding percentages may not always add up to 100.

8 The non-parole period refers to the minimum length of a custodial sentence served before an application for parole can be made. The data used in this report does not indicate the average length of sentences actually served.

9 As noted above, because of the small number of community programme sentences imposed between 1997 and 2002, and the fact that this sentence was abolished by the Sentencing Act 2002, trends in community programme sentences are not commented on in this report.

10 Due to rounding percentages may not always add up to 100.

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