SST analysis of three strikes

The Sensible Sentencing Trust has done an analysis of the three strikes legislation (which may be gone if the Government changes). As at the end of 2013, the stas are:

• 1st strikes 3,721
• 2nd strikes 29
• 3rd strikes 0

It’s great to see so few second strikes, and that so far there have been no third strikes.

They have a profile of the 24 2nd strikers:

• 100% have numerous prior convictions as adults. And these are not for minor offences. They include burglary, male assaults female, possession of offensive weapons, robbery, aggravated robbery, indecent assault, theft and many others.
• 46% have prior convictions for ‘strike’ offences before Three Strikes taking effect on 1 June 2010. Because Three Strikes was not implemented ‘retrospectively’ these prior offences do not count as ‘strikes’ against their record.
• The average age of second strikers is just under 26 years, and all but one are men. The youngest second striker is 19 years old, and the oldest 45 years old, at the time of second strike sentence.
• 67% received a sentence of imprisonment for their first strike offence/s. Of those imprisoned, the average term was 14% of the maximum available. The average term imposed was 20 months.
• 38% of first strikers committed their first strike offence while on bail, parole or while still subject to sentence.
• 67% of second strikers committed their second strike offence while on bail, parole or while still subject to sentence.
• 92% received a sentence of imprisonment for their second strike offence/s. Of those imprisoned for their second strike offence/s, the average term was 24% of the maximum available. The average term imposed was 35 months. The term imposed is served without parole or early release under the three strikes law.
• 67% committed their second strike offence while on bail, parole or while still subject to sentence.

The fact that 38% of second strikers committed their first strike whole on bail or parole is telling.