Part 1Parole and other release from detention
Release: Recall
65Procedure for determining recall applications
If an interim recall order is made, the Board must determine the recall application on a date that is,—
- if the offender is in custody when the interim order is made, at least 14 days after, but not more than 1 month after, the date of the interim order; or
- if the offender is not in custody when the interim order is made, at least 14 days after, but not more than 1 month after, the date on which the offender is taken into custody.
If no interim recall order is made, the Board must determine the recall application on a date that is at least 14 days after, but not more than 2 months after, the date on which the copy of the recall application is served on the offender.
To avoid doubt, section 13 (which is about information to be given to, or withheld from, offenders) applies to hearings for the purpose of determining a recall application.
The Board may determine a recall application without the Board hearing from any person orally unless—
- the offender has indicated that he or she, in person or through counsel, wishes to appear to state his or her case; or
- the Board wishes to hear from any other person orally.
Despite subsections (1) and (2), the Board may from time to time adjourn the hearing of a recall application; but no adjournment may be for more than 8 days, unless the offender consents to a longer period.
Compare
- 1985 No 120 s 107L(1), (6), (10)
Notes
- Section 65(3): amended, on , by section 41 of the Parole Amendment Act 2007 (2007 No 28).