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Parole Act 2002

Parole and other release from detention - Release - General provisions

8: Part applies to all offenders

You could also call this:

"This part of the law is about how all prisoners might be released from prison."

Illustration for Parole Act 2002

This part of the law applies to all offenders who are in prison. You might be eligible for parole, or you might be released under section 104 at your final release date. You could also be considered for release on parole, or you might already be on parole or have been given early release under section 94 of the Criminal Justice Act 1985.

Every decision about releasing an offender made after the law started must follow this part, unless it says otherwise. This part does not change any decisions made under Parts 4 or 6 of the Criminal Justice Act 1985 about releasing an offender.

You can be subject to an application for a recall order, or to an interim recall order or a recall order, and this part of the law still applies to you.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM138443.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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"Rules to Keep the Community Safe When Releasing Offenders"

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9: Application of Part to persons subject to term of imprisonment, or

"This law applies to people in prison who didn't pay fines or follow court orders."

Part 1Parole and other release from detention
Release: General provisions

8Part applies to all offenders

  1. This Part applies to all offenders who are subject to a sentence of imprisonment, including (without limitation) offenders who, on the commencement date, are subject to a pre-cd sentence and who (for instance)—

  2. are eligible for parole; or
    1. are to be released under section 104 at their final release date; or
      1. are under consideration for release on parole; or
        1. are on parole or have been given early release under section 94 of the Criminal Justice Act 1985; or
          1. are subject to an application for a recall order, or to an interim recall order or a recall order.

            1. Every decision about, or in any way relating to, the release of an offender that is made after the commencement date must be made under this Part unless specifically provided otherwise.

            2. This Part does not in itself affect the validity of any decision made under Parts 4 or 6 of the Criminal Justice Act 1985 about, or in any way relating to, the release of an offender.

            Notes
            • Section 8(1)(c): amended, on , by section 7(1) of the Parole Amendment Act 2007 (2007 No 28).
            • Section 8(1)(d): amended, on , by section 7(2) of the Parole Amendment Act 2007 (2007 No 28).