Parole Act 2002

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

107IA: Court may impose special conditions on interim basis

You could also call this:

"The court can add temporary special rules to your supervision order if needed."

Illustration for Parole Act 2002

When you get an extended supervision order, the court can add special conditions to it. The court can do this if the chief executive asks them to, and if they think there is not enough time for the Parole Board to decide on the conditions before the order starts. The court can only do this if they are satisfied that it is necessary.

The court's order can suspend or change the standard conditions that would normally apply to you. It can also cancel or change any special conditions that you already have. This order starts when your extended supervision order begins and ends when the special conditions finish, as stated in section 107L(2A).

The court can change or cancel this order if the chief executive or you ask them to, and if they think it is necessary. If the court changes the order, it has the same effect as the original order. The rules in section 107K also apply to this order, with some changes.

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

107IACourt may impose special conditions on interim basis

  1. When a sentencing court makes an extended supervision order in respect of an offender, the court may, on the application of the chief executive, make an order imposing on the offender any special conditions that the Board may impose under section 107K.

  2. The court may make an order under subsection (1) only if satisfied that there may not be sufficient time, before the extended supervision order comes into force, for the Board to determine which (if any) special conditions should be imposed on the offender.

  3. An order under subsection (1) may do either or both of the following:

  4. suspend any or all of the standard extended supervision conditions that would otherwise apply to the offender:
    1. cancel or vary any special conditions that currently apply to the offender.
      1. An order under subsection (1)—

      2. takes effect when the extended supervision order to which it relates comes into force; and
        1. expires when the special conditions imposed by the order end as provided by section 107L(2A).
          1. The court may, on the application of the chief executive, or on the application of the offender, cancel or vary a subsisting order under subsection (1) if satisfied that the cancellation or variation needs to be made before the Board determines which (if any) special conditions should be imposed on the offender.

          2. Any variation under subsection (5) has effect as an order under subsection (1).

          3. Section 107K applies with all necessary modifications to an order under subsection (1).

          Notes
          • Section 107IA: inserted, on , by section 60 of the Parole Amendment Act 2007 (2007 No 28).