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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

107: Order that offender not be released

You could also call this:

"Keeping you in prison if you're a risk to others"

Illustration for Parole Act 2002

If you have committed a serious crime, you might not be released from prison when you expect to be. The person in charge of the prison can ask the Parole Board to keep you in prison longer. The Parole Board will only keep you in prison if they think you will commit another serious crime if you are released. You will get to tell the Parole Board why you think you should be released, and you can have a lawyer help you.

The Parole Board has to review their decision every six months to see if you are still a risk. If they do not think you are a risk anymore, they will let you out of prison, but you will still have to follow some rules. A serious crime includes things like murder, sexual crimes punishable by seven or more years in prison under Part 7 of the Crimes Act 1961, and some other offences listed in the Crimes Act 1961, which you can read about in Part 7 and specific sections like section 144A and section 144C, as well as sections 171, 173 to 176, 188, 189(1), 191, 198 to 199, 208 to 210, 234, 235, or 236.

The Parole Board's decision to keep you in prison will last until your sentence is finished, unless they change their mind. You will get a written explanation of why the Parole Board made their decision, and you can talk to a lawyer about it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139395.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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106: Variation and cancellation of final release dates, or

"Changing or cancelling the date you are set to be released from prison"

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107A: Overview of Part, or

"What is an extended supervision order and how it works"

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

107Order that offender not be released

  1. This section applies to an offender who is subject to a determinate pre-cd sentence for a specified offence (as defined in subsection (9)).

  2. The chief executive may apply to the Board at any time before the offender's final release date for an order that the offender not be released before the applicable release date (as defined in subsection (9)).

  3. The Board must make the order if it is satisfied that the offender would, if released before the applicable release date, be likely to commit a specified offence between the date of release and the applicable release date.

  4. A copy of the application under subsection (2), and a copy of any report submitted to the Board, must be given to the offender at least 14 days before the application is to be considered, and the offender must be given an opportunity to appear before the Board and state his or her case in person or by counsel.

  5. If the Board makes an order, it must state its reasons in writing and give a copy of the order and the reasons to the offender or to his or her counsel.

  6. An order made under this section must be reviewed by the Board at least once in every 6 months following the making of the order, and subsection (4) applies to every review, with all necessary modifications.

  7. On a review, the Board must revoke the order if it is no longer satisfied that the test in subsection (3) is met; and if it revokes the order, the Board must determine the release conditions that will apply to the offender on release.

  8. An order made under this section expires on the applicable release date, unless revoked earlier under subsection (7).

  9. In this section,—

    applicable release date means,—

    1. in the case of an offender subject to a pre-cd sentence imposed for a specified offence, the date that is 3 months before the sentence expiry date:
      1. in the case of an offender who is subject to more than 1 pre-cd sentence imposed for a specified offence, the date that is 3 months before the sentence expiry date of the sentence with the latest sentence expiry date

        specified offence means—

        1. murder; or
          1. a sexual crime under Part 7 of the Crimes Act 1961 punishable by 7 or more years' imprisonment; and includes a crime under section 144A or section 144C of that Act; or
            1. an offence against any of sections 171, 173 to 176, 188, 189(1), 191, 198 to 199, 208 to 210, 234, 235, or 236 of the Crimes Act 1961.