Parole Act 2002

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

107I: Sentencing court may make extended supervision order

You could also call this:

"Court can order close supervision of someone who might commit serious crimes again to keep you and your community safe"

Illustration for Parole Act 2002

The court can make an order to supervise someone closely if they think that person might commit serious sexual or violent crimes again. This order is to protect you and your community from people who have committed serious crimes before and might do so again. The court makes this decision after hearing an application and reading a report about the person's health.

The court can make this order if the person has committed many serious sexual or violent crimes and is likely to commit them again. You are at high risk if the person might commit a sexual crime, or very high risk if they might commit a violent crime. The court looks at a report as set out in section 107F(2A) to make this decision.

The court can still make this order even if the person is no longer considered an eligible offender by the time the order is made. The order will say how long it lasts, which can be up to 10 years. The length of the order depends on how much risk the person poses, how serious the harm to victims might be, and how long the risk will last.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139630.


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Part 1AExtended supervision orders
Application for, and making of extended supervision orders

107ISentencing court may make extended supervision order

  1. The purpose of an extended supervision order is to protect members of the community from those who, following receipt of a determinate sentence, pose a real and ongoing risk of committing serious sexual or violent offences.

  2. A sentencing court may make an extended supervision order if, following the hearing of an application made under section 107F, the court is satisfied, having considered the matters addressed in the health assessor's report as set out in section 107F(2A), that—

  3. the offender has, or has had, a pervasive pattern of serious sexual or violent offending; and
    1. either or both of the following apply:
      1. there is a high risk that the offender will in future commit a relevant sexual offence:
        1. there is a very high risk that the offender will in future commit a relevant violent offence.
        2. To avoid doubt, a sentencing court may make an extended supervision order in relation to an offender who was, at the time the application for the order was made, an eligible offender, even if, by the time the order is made, the offender has ceased to be an eligible offender.

        3. Every extended supervision order must state the term of the order, which may not exceed 10 years.

        4. The term of the order must be the minimum period required for the purposes of the safety of the community in light of—

        5. the level of risk posed by the offender; and
          1. the seriousness of the harm that might be caused to victims; and
            1. the likely duration of the risk.
              1. Repealed
              Notes
              • Section 107I: inserted, on , by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
              • Section 107I(1): amended, on , by section 15(1) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).
              • Section 107I(2): replaced, on , by section 15(2) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).
              • Section 107I(6): repealed, on , by section 15(3) of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).