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Parole Act 2002

Parole and other release from detention - Transitional arrangements for offenders subject to pre-cd sentences - Release at final release date

104: Release at final release date

You could also call this:

"When you finish your sentence, you get released on your last release day unless something stops you."

Illustration for Parole Act 2002

If you are detained under a long-term sentence, you will be released on your final release date, unless certain conditions apply. You will not be released on your final release date if you have another sentence that starts after that date, or if you are subject to a specific order or application, such as an order under section 107, or an application under section 105 of the Criminal Justice Act 1985. If these conditions no longer apply to you, you will be released on your final release date, or as soon as possible after that.

When you are released under this section, certain rules apply to you, such as those outlined in sections 7 to 16, section 17, sections 29 to 32, sections 42 to 50, sections 51 to 54, and sections 56 to 73. These rules apply as if you were being released on parole or at your statutory release date.

If you are released under this section, you are considered the same as someone who is released on parole, according to this Act and other laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139389.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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103: Purpose and effect of section 104, or

"Help for prisoners with long sentences to get out of prison on parole"

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105: Calculation of final release dates, or

"How your last release date from prison is worked out"

Part 1Parole and other release from detention
Transitional arrangements for offenders subject to pre-cd sentences: Release at final release date

104Release at final release date

  1. An offender who is detained under a long-term pre-cd sentence must be released from detention on his or her final release date, subject to the provisions of this section.

  2. If the offender's final release date is also his or her statutory release date, the offender must be released under subpart 2, and not under this section.

  3. An offender must not be released under this section if, on his or her final release date,—

  4. the offender is also subject to a sentence of imprisonment imposed after the commencement date that has a release date that is later than the offender's statutory release date as it was at the commencement date; or
    1. the offender is subject to an order under section 107, or an application for such an order, or an application under section 105 of the Criminal Justice Act 1985.

      1. If subsection (3) ceases to apply to an offender, the offender must be released under this section on his or her final release date or, if that date has passed, on a date set by the Board that is as soon as practicable after it and that is not a non-release day.

      2. The following sections apply to an offender who is released under this section:

      3. sections 7 to 16:
        1. section 17, as if the offender were being released at his or her statutory release date:
          1. sections 29 to 32, as if the offender were being released on parole:
            1. sections 42 to 50, as if the offender were being considered for release on parole:
              1. sections 51 to 54, as if the offender were being released at his or her statutory release date:
                1. sections 56 to 73, as if the offender had been released on parole.

                  1. A reference in this Act or any other enactment to an offender released on parole includes a reference to an offender released under this section.