Parole Act 2002

Parole and other release from detention - Release - Recall

63: What happens when interim recall order made

You could also call this:

"What happens to you if the police arrest you because of an interim recall order"

Illustration for Parole Act 2002

When an interim recall order is made, you will be arrested and taken to a prison. A warrant will be issued for your arrest and you will be kept in prison until a decision is made about your recall. You can be arrested by a constable at any time after the warrant is issued.

After you are taken into custody, you will be given a copy of the recall application and a notice. The notice will tell you the date when the application will be decided and that you have the right to appear before the Board. You can state your case in person or through a lawyer, and you must let the Board know if you want to make written submissions or appear in person.

While you are subject to an interim recall order, you must stay in custody. You can find more information about this by looking at the Corrections Act 2004 and the Parole (Extended Supervision) Amendment Act 2004. The Policing Act 2008 also has relevant information.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM138886.


Previous

62: Making interim recall order, or

"Stopping someone on parole from causing harm while their case is being decided"


Next

64: What happens if no interim recall order made, or

"What happens if the Parole Board doesn't make a temporary recall order against you?"

Part 1Parole and other release from detention
Release: Recall

63What happens when interim recall order made

  1. When an interim recall order is made, the chairperson or a panel convenor (as the case may be) must issue a warrant in the prescribed form for the arrest of the offender and for the offender to be detained in a prison pending the determination of the application for recall.

  2. At any time after a warrant is issued under subsection (1), a constable may arrest the offender, whether or not the constable has possession of the warrant, for the purpose of returning the offender to a prison.

  3. On, or as soon as practicable after, being taken into custody following the issue of a warrant under subsection (1), the offender must be given a copy of the recall application and a notice that—

  4. specifies the date on which the application is to be determined; and
    1. advises the offender of his or her right to appear before the Board and to state his or her case in person or through counsel; and
      1. requires the offender to notify the Board, not later than 7 days before the date on which the application is to be determined, whether he or she wishes to make written submissions or to appear in person or to be represented by counsel.
        1. While an offender is subject to an interim recall order, he or she must be detained in custody.

        Compare
        Notes
        • Section 63(1): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
        • Section 63(1): amended, on , by section 24 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
        • Section 63(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
        • Section 63(2): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).