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Parole Act 2002

Extended supervision orders - Application for, and making of extended supervision orders

107H: Hearings relating to extended supervision orders

You could also call this:

"A court meeting to decide if someone needs extra supervision after prison"

Illustration for Parole Act 2002

When you are involved in a hearing about an extended supervision order, the court can look at any information it thinks is relevant. The court can use evidence that might not be allowed in other court cases. You can think of a hearing like a meeting where the court makes decisions about your case.

If you refuse to co-operate with a health assessor's report, the court can take that into account when making a decision, but you can also explain why you refused. The court will consider your reasons for not co-operating with the report.

When a hearing is going to happen, the chief executive must tell every victim of the offender about the hearing. A victim can write to the court with their thoughts and, with the court's permission, can also speak at the hearing.

After the hearing, the court must give a copy of its decision and the reasons for it to the offender, the chief executive, and the Police. The court can also keep the offender in custody for up to 2 hours to give them a copy of the decision.

The chief executive must tell every victim about the outcome of the hearing. You can find more information about appeals under section 107R and health assessor's reports required under section 107F(2).

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139628.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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Part 1AExtended supervision orders
Application for, and making of extended supervision orders

107HHearings relating to extended supervision orders

  1. In this section, hearing means any hearing before a sentencing court or the Court of Appeal that relates to any of the following:

  2. an application for an extended supervision order:
    1. an application for cancellation of an extended supervision order:
        1. an appeal under section 107R.

          1. At any hearing, the court may receive and take into account any evidence or information that it thinks fit for the purpose of determining the application or appeal, whether or not it would be admissible in a court of law.

          2. At any hearing, the court is entitled to take into account the fact that an offender refused to co-operate with the preparation of the health assessor's report required under section 107F(2), but it must also take into account any reasons the offender gives for refusal to co-operate with the preparation of the health assessor's report.

          3. When any hearing is to be held, the chief executive must notify every victim of the offender concerned about the hearing.

          4. A victim may make written submissions to the court and, with the leave of the court, may appear and make oral submissions at the hearing.

          5. The court must provide a copy of every order made at or following any hearing, along with the reasons for the order, to the offender concerned, the chief executive, and the Police.

          6. For the purposes of this section, a court may direct that the offender concerned be detained in the custody of the court for a period, not exceeding 2 hours, that may be necessary to enable the order to be drawn up and a copy given to the offender.

          7. The chief executive must notify every victim of the offender concerned of the outcome of every hearing.

          Notes
          • Section 107H: inserted, on , by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
          • Section 107H(1)(c): repealed, on , by section 14 of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).
          • Section 107H(6A): inserted, on , by section 59 of the Parole Amendment Act 2007 (2007 No 28).