Part 1Parole and other release from detention
Release: Recall
66Board may make final recall order
The Board may make a final recall order recalling an offender to continue serving his or her sentence in a prison if, following a hearing on a recall application, it is satisfied on reasonable grounds that 1 or more of the grounds for recall in section 61 have been established.
When deciding whether to make a final recall order in respect of an offender who is currently detained, the Board must make the decision as if the offender were not detained.
On making a recall order, the Board must issue a warrant in the prescribed form for the arrest of the offender and for the offender to resume serving his or her sentence in a prison.
If a warrant is issued under subsection (3) in respect of an offender who is not currently detained, a constable may at any time arrest the offender, whether or not the constable has possession of the warrant, for the purpose of returning the offender to a prison to resume serving his or her sentence.
If the Board refuses a recall application,—
- the Board must direct the offender's release from custody under any warrant issued under section 63(1) (if applicable); and
- any release conditions
that were suspended resume (subject to paragraph (c)); and - the Board may vary or discharge any conditions imposed by the Board that apply to the offender, without the need for an application under section 56.
Compare
- 1985 No 120 s 107L(2)–(4), (7)–(9)
Notes
- Section 66(1): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
- Section 66(3): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
- Section 66(3): amended, on , by section 25(1) of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
- Section 66(3A): inserted, on , by section 25(2) of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
- Section 66(3A): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
- Section 66(3A): amended, on , by section 206 of the Corrections Act 2004 (2004 No 50).
- Section 66(4)(b): amended, on , by section 42 of the Parole Amendment Act 2007 (2007 No 28).


