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Parole Act 2002

Parole and other release from detention - Release - Parole

25: Early referral and consideration for parole

You could also call this:

"Considering you for parole early if you're in special circumstances and haven't done anything to stop it."

Illustration for Parole Act 2002

The chairperson can refer you to the Parole Board for early parole if you are an offender in exceptional circumstances. You must not have reached your parole eligibility date yet. The chairperson must write down the reasons for referring you.

If the Minister of Justice chooses a group of offenders like you, the Parole Board must consider you for parole as soon as possible. The Board will look at your case and the cases of others in the chosen group.

The Parole Board cannot consider you for parole if you have certain orders against you, such as orders made under section 80 or section 105 of the Criminal Justice Act 1985, or orders made under certain sections of the Sentencing Act 2002, like section 86, 86O(2), 86P(2), 86R(3), 86S(2), 89, or 103.

The Parole Board can direct your release on parole if they think you will not pose a risk to the community and it is in the interests of justice. They must consider things like what is said in section 28(2)(a) and (b).

If you are released on parole, you will be treated the same as anyone else released on parole under section 28(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM138491.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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24: Consideration of offenders unlawfully at large when due to be considered for parole, or

"What happens if you're supposed to be considered for parole but you're on the run"

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26: Other times when Board may consider offenders for parole, or

"When you can be considered for parole at a different time"

Part 1Parole and other release from detention
Release: Parole

25Early referral and consideration for parole

  1. The chairperson may, in exceptional circumstances, refer an offender who has not yet reached his or her parole eligibility date for consideration by the Board for parole.

  2. A referral under this section must be in writing and set out the reasons why the chairperson is making the referral.

  3. The Minister of Justice may designate a class of offenders who have not yet reached their parole eligibility dates for early consideration by the Board for parole.

  4. The Board must, as soon as practicable, consider for parole any offender referred to it under subsection (1) and every offender belonging to a class designated under subsection (3).

  5. Despite subsection (4), the Board may not consider under this section an offender who is subject to any of the following orders:

  6. an order made under section 80 or section 105 of the Criminal Justice Act 1985:
    1. an order made under section 86, 86O(2), 86P(2), 86R(3), 86S(2), 89, or 103 of the Sentencing Act 2002:
      1. an order made under section 107.

        1. The Board may direct the release on parole of an offender considered under this section if—

        2. the Board is satisfied on reasonable grounds that the offender, if released on parole, will not pose an undue risk to the safety of the community or any person or class of persons within the term of the sentence, having regard to the matters set out in section 28(2)(a) and (b); and
          1. in the Board's opinion, the interests of justice require that the offender be released before his or her parole eligibility date.

            1. An offender released on parole under this section is to be treated for all purposes as an offender released on parole under section 28(1).

            Compare
            Notes
            • Section 25(5)(b): amended, on , by section 22 of the Sentencing (Reinstating Three Strikes) Amendment Act 2024 (2024 No 54).