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Parole Act 2002

Parole and other release from detention - Release - Recall

60: Making recall application

You could also call this:

"Asking to send someone back to prison while they are on parole"

Illustration for Parole Act 2002

When you are on parole, someone can make a recall application to the Board about you. The chief executive can make this application if you have an indeterminate sentence and are on parole or compassionate release. The chief executive is a person in charge of a government department.

A probation officer can also make a recall application about you. This can happen if you have a determinate sentence, have not yet reached your statutory release date, and are on parole or compassionate release. A determinate sentence is a sentence with a fixed length of time.

The Commissioner of Police can make a recall application about you on the ground stated in section 61(a). When a recall application is made, it must say why it is being made and what the applicant is relying on. The applicant must also say why they think the grounds apply to you.

If a recall application is made, the time you have to serve may stop for a while. This can happen if a final recall order is made, or if an interim recall order is made but the Board does not make a final recall order. But the time you have to serve may keep going if you are in custody under the Corrections Act 2004. It may also keep going if no recall order is made, or if an interim recall order is made but the Board does not make a final recall order.

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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=DLM138882.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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59: Definition of recall application, or

"Asking to send an offender back to prison to finish their sentence"

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61: Grounds for recall, or

"When You Can Be Sent Back to Prison: Breaking Rules or Being a Risk to Others"

Part 1Parole and other release from detention
Release: Recall

60Making recall application

  1. The chief executive may make a recall application to the Board in respect of any offender who—

  2. is subject to an indeterminate sentence; and
    1. is on parole or on compassionate release.

      1. A probation officer may make a recall application to the Board in respect of any offender who—

      2. is subject to a determinate sentence; and
        1. has not yet reached his or her statutory release date; and
          1. is on parole or compassionate release.

            1. The Commissioner of Police may make a recall application in respect of any offender described in subsection (1) or (2) on the ground stated in section 61(a).

            2. A recall application must specify the ground or grounds in section 61 on which the applicant relies, and the basis on which the applicant is satisfied that the ground or grounds apply.

            3. When a recall application is made, the sentence to which the recall application relates ceases to run as follows:

            4. if a final recall order is made, for the period between the lodgement of the application and the making of the order during which the offender was at large:
              1. if an interim recall order is made but the Board does not make a final recall order, for the period between the making of the interim recall order and the date of the determination of the application during which the offender was at large.

                1. When a recall application is made, the sentence to which the recall application relates continues to run as follows:

                2. for the period (if any) between the lodgement of the application and the date of its determination during which the offender is under legal custody in accordance with the Corrections Act 2004:
                  1. if an interim recall order is made but the Board does not make a final recall order, for the period between the lodgement of the application and the making of the interim recall order:
                    1. if no interim or final recall order is made, for the period between the lodgement of the application and the date of its determination.

                      Compare
                      Notes
                      • Section 60(2)(c): amended, on , by section 38(1) of the Parole Amendment Act 2007 (2007 No 28).
                      • Section 60(2A): inserted, on , by section 38(2) of the Parole Amendment Act 2007 (2007 No 28).
                      • Section 60(4): replaced, on , by section 54 of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
                      • Section 60(5): inserted, on , by section 54 of the Administration of Community Sentences and Orders Act 2013 (2013 No 88).
                      • Section 60(5)(b): amended, on , by section 24 of the Parole Amendment Act 2015 (2015 No 4).