Parole Act 2002

Parole and other release from detention - Release - Recall

66: Board may make final recall order

You could also call this:

"The Board can send you back to prison if you break the rules."

Illustration for Parole Act 2002

The Board can make a final recall order to send you back to prison if they think you have broken one or more of the rules listed in section 61. This happens after a hearing to discuss whether you should be recalled. The Board must have good reasons to think you have broken the rules. When the Board makes this decision about you, they must pretend you are not already in prison. If the Board decides to recall you, they must issue a warrant for your arrest and for you to go back to prison to finish your sentence. A constable can arrest you at any time if you are not in prison, to take you back to prison. If the Board decides not to recall you, they must let you out of prison if you are being held under a warrant issued under section 63(1). Any conditions that were suspended start again, but the Board can change or cancel any conditions they previously set without you having to ask them to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM138893.


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Part 1Parole and other release from detention
Release: Recall

66Board may make final recall order

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. If the Board refuses a recall application,—

  6. the Board must direct the offender's release from custody under any warrant issued under section 63(1) (if applicable); and
    1. any release conditions that were suspended resume (subject to paragraph (c)); and
      1. 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
        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).