Three strikes sentencing law
A new iteration of the three strikes sentencing law comes into effect from 17 June 2025.
Under the new provisions, the Sentencing Act 2002 imposes escalating penalties for repeated convictions for specified violent and sexual offences under the Crimes Act 1961.
The regime essentially provides that adult offenders convicted of certain serious violent and sexual offences will receive the maximum sentence, without parole, if they have been twice previously warned for committing the same offence, unless the court is satisfied it would be manifestly unjust.
A new Schedule 1AB of the Sentencing Act 2002 lists the 42 qualifying offences.
A sentence of more than 12 months' imprisonment must apply before an offender qualifies for a first warning, and more than 24 months for a second. Both the offence qualification and the penalty qualification must be met for the three strikes law to apply.
The three strikes law was first introduced in 2010, then repealed in 2022, and reinstated in 2025. The original law did not include qualifying sentences, only qualifying offences.
In some instances, warnings issued under the 2010 law are reactivated under the 2005 version.
The By Lawyers District Court – Criminal guide is being updated accordingly.
