Parole Act 2002

Extended supervision orders - Appeals and reviews

107RA: Review by court

You could also call this:

"When a court checks if you still need to follow an extended supervision order to keep the community safe"

Illustration for Parole Act 2002

If you have an extended supervision order, a court will review it on a certain date. The court checks if you are likely to commit a serious crime, like a sexual or violent offence, while the order is still in place. The court looks at whether you are a high risk to commit a sexual offence or a very high risk to commit a violent offence. The review date is usually 15 years after the order started, or 5 years after a new order was made.

The person in charge of your case can ask the court to review your order at any time within 4 months before the review date. When the court reviews your order, they follow similar rules as when the order was first made, using sections like sections 107F, 107G, 107GA, and 107H. After the review, the court decides whether to keep or cancel your order.

The court can only keep your order if they think you are still a high risk to commit a serious crime, based on what is said in section 107IAA. If your order is paused under section 107P, the time until your review date also pauses.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6366651.


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Part 1AExtended supervision orders
Appeals and reviews

107RAReview by court

  1. A sentencing court must, on or before the review date specified in subsection (2), commence a review of an extended supervision order in order to ascertain whether there is—

  2. a high risk that the offender will commit a relevant sexual offence within the remaining term of the order; or
    1. a very high risk that the offender will commit a relevant violent offence within the remaining term of the order.
      1. The review date of an extended supervision order is,—

      2. if an offender has not ceased to be subject to an extended supervision order since first becoming subject to an extended supervision order, the date that is 15 years after the date on which the first extended supervision order commenced; and
        1. thereafter, 5 years after the imposition of any and each new extended supervision order.
          1. A review under this section must be commenced by way of an application by the chief executive, which may be made at any time within 4 months before the review date.

          2. For the purpose of a review under this section, sections 107F (except subsection (1)), 107G, 107GA, and 107H apply (with any necessary modification) as if the review were an application for an extended supervision order.

          3. Following the review, the court must either confirm the order or cancel it.

          4. The court may only confirm the order if, on the basis of the matters set out in section 107IAA, it is satisfied that there is—

          5. a high risk that the offender will commit a relevant sexual offence within the remaining term of the order; or
            1. a very high risk that the offender will commit a relevant violent offence within the remaining term of the order.
              1. For any period during which time has ceased to run on an extended supervision order under section 107P, time also ceases to run on the period specified in subsection (2) for the purpose of calculating the review date of an extended supervision order.

              Notes
              • Section 107RA: inserted, on , by section 25 of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).