Parole Act 2002

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

107IAA: Matters court must be satisfied of when assessing risk

You could also call this:

"What the court thinks about when deciding if someone is a risk to others"

Illustration for Parole Act 2002

When a court is deciding if someone is a risk to others, they need to think about some things. If the court is looking at someone who might commit a sexual offence, they need to be satisfied that the person has a strong desire to do something wrong, and likes to do serious wrong things. They also need to think about if the person can control themselves and if they feel sorry for what they have done.

The court also needs to think about if the person understands how their actions affect others. If the court is looking at someone who might commit a violent offence, they need to think about if the person has a big problem with their behaviour, like wanting to hurt others. They need to think about if the person gets very angry easily and if they want to get revenge on others.

The court needs to be satisfied that the person does not understand how their violence affects others, or if they do not care about it. You can find more information about this in the Parole (Extended Supervision Orders) Amendment Act 2014.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6366605.


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

107IAAMatters court must be satisfied of when assessing risk

  1. A court may determine that there is a high risk that an eligible offender will commit a relevant sexual offence only if it is satisfied that the offender—

  2. displays an intense drive, desire, or urge to commit a relevant sexual offence; and
    1. has a predilection or proclivity for serious sexual offending; and
      1. has limited self-regulatory capacity; and
        1. displays either or both of the following:
          1. a lack of acceptance of responsibility or remorse for past offending:
            1. an absence of understanding for or concern about the impact of his or her sexual offending on actual or potential victims.
            2. A court may determine that there is a very high risk that an eligible offender will commit a relevant violent offence only if it is satisfied that the offender—

            3. has a severe disturbance in behavioural functioning established by evidence of each of the following characteristics:
              1. intense drive, desires, or urges to commit acts of violence; and
                1. extreme aggressive volatility; and
                  1. persistent harbouring of vengeful intentions towards 1 or more other persons; and
                  2. either—
                    1. displays behavioural evidence of clear and long-term planning of serious violent offences to meet a premeditated goal; or
                      1. has limited self-regulatory capacity; and
                      2. displays an absence of understanding for or concern about the impact of his or her violence on actual or potential victims.
                        Notes
                        • Section 107IAA: inserted, on , by section 16 of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).