Parole Act 2002

Parole and other release from detention - Release - Parole

21: Consideration for parole of offenders detained in prison

You could also call this:

"When you might be let out of prison early on parole"

Illustration for Parole Act 2002

The Parole Board must consider you for parole as soon as possible after you are eligible. You are eligible when you have been in prison for a certain amount of time. The Board will look at your case to decide if you can be released on parole.

The Board must consider you for parole at least once every two years. But this might not happen if you have a new parole eligibility date that is more than 12 months away. It also might not happen if you are subject to a postponement order, or if you are in prison because you broke your parole conditions.

If you are in prison because you broke your parole conditions, the Board will consider you for parole within 12 months of your final recall order. You can find more information about this in the Corrections Act 2004 and the Parole Amendment Act 2015.

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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=DLM138485.


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20: Parole eligibility date, or

"The date you can ask to leave prison early on parole"


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21A: Board must specify date by which offender must be further considered for parole, or

"The Parole Board must tell you when they will think about letting you out of prison again."

Part 1Parole and other release from detention
Release: Parole

21Consideration for parole of offenders detained in prison

  1. The Board must, as soon as practicable after the parole eligibility date of an offender who is detained in a prison, consider the offender for release on parole.

  2. The Board must consider for parole every offender who is detained in a prison at least once in every 2 years after the offender's last parole hearing unless, when the offender is due to be considered,—

  3. the offender has a new parole eligibility date that is more than 12 months after his or her last parole hearing (in which case subsection (1) applies); or
    1. the offender is subject to a postponement order; or
      1. the offender is detained following an application for a recall order, or under an interim or final recall order.
        1. If subsection (2)(c) (but not subsection (2)(a)) applies to an offender, the Board must consider the offender for parole within 12 months of any final recall order that is, or is subsequently, made.

        Compare
        Notes
        • Section 21 heading: amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
        • Section 21(1): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
        • Section 21(2): amended, on , by section 10 of the Parole Amendment Act 2015 (2015 No 4).
        • Section 21(2): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).