NCWNZ Action Item Response Sheet Please send your responses to National Office: ncwnz@ncwnz.org.nz and put in the Subject line: Action Item response: Sentencing (Protection of Children from Criminal Offending) Amendment Bill 94-1 Date: Thursday 10 October 2013 Document Sentencing (Protection of Children from Criminal Offending) Amendment Bill 94-1 Committee/Writer Justice & Law Reform/ Cleone Campbell Action Item due date Website where document can be viewed 21 October 2013 www.legislation.govt.nz Responder, eg Name of Branch, NOS, individual Number of people contributing to response Criminal offending by adults often exposes children to serious harm. A primary example is the production of drugs, particularly methamphetamine. Often this is produced in residential buildings which puts the lives and health of resident children at risk of poisoning and burns from the highly dangerous and unstable chemicals used. Minors are often the innocent parties to criminal offending by adults and deserve protection from adult offending that puts them at risk of harm. The amendment defines “minor” as person under the age of 17 years and “in the presence of a minor” as – in a place or building where a minor is present or could reasonably be expected to be present; or in close proximity to a place or building where a minor is present or could reasonably be expected to be present. The Bill amends the Sentencing Act 2002 by inserting the additional aggravating factors to be taken into account for sentencing: that the offence was committed by an offender aged 17 years or over in the presence of a minor and the actions undertaken to commit the offence put the minor at risk of physical, emotional, or mental harm (for example, illness or injury). Question 1 Please comment on the amendment as to whether or not you agree with the amendment and please give reasons. Question 2 Please add any other comments.