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Parole Act 2002

Parole and other release from detention - Release - Actual release

52: Release of offenders released at statutory release date

You could also call this:

"What happens when you're released from prison on your set release date"

Illustration for Parole Act 2002

When you are in prison and your release date is set, you will be let out on that day. If your release date falls on a day when people are not usually released, you will be let out on the day before that is not a non-release day. The person in charge of the prison can decide to release you earlier, but not before December 1.

If you are released early, you still have to follow the rules that you would have had to follow if you were released on your actual release date. You can also be recalled to prison if you do not follow these rules. The rules do not start until your actual release date, but you are still liable to be recalled.

You can find more information about this by looking at the Parole Act 2002 and the Corrections Act 2004, and the Parole Amendment Act 2007.

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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=DLM138860.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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Part 1Parole and other release from detention
Release: Actual release

52Release of offenders released at statutory release date

  1. This section applies only to an offender who is serving a sentence of imprisonment of more than 14 days and who is due to be released from a prison at his or her statutory release date.

  2. If the offender's statutory release date falls on a non-release day, the offender must be released on the nearest preceding date that is not a non-release day.

  3. The chief executive may direct that an offender who is detained in a prison and whose statutory release date falls within the period commencing on 15 December in one year and ending on 5 January in the next year is to be released on a date that is—

  4. not earlier than 1 December immediately preceding the offender's statutory release date; and
    1. not a non-release day.

      1. A direction under subsection (3) may be revoked at any time before the offender is released.

      2. If an offender is released early under subsection (2) or subsection (3), the offender, during the period between the date of actual release and his or her statutory release date,—

      3. is subject to any release conditions that will apply on his or her statutory release date as if he or she had been released on his or her statutory release date (but time does not begin to run on any conditions until the offender's statutory release date); and
        1. is liable to recall.

          Compare
          Notes
          • Section 52(1): amended, on , by section 31 of the Parole Amendment Act 2007 (2007 No 28).
          • Section 52(1): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
          • Section 52(3): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
          • Section 52(3): amended, on , by section 23 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).