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Public Safety (Public Protection Orders) Act 2014

Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending - Prison detention orders - Review by review panel

87: Review of prison detention orders by review panel

You could also call this:

"Checking if someone in prison should still be there because they might be a risk to the public"

Illustration for Public Safety (Public Protection Orders) Act 2014

When you are in prison because of a prison detention order, a review panel checks if you should still be there. They do this within one month of the order being made, and then every six months after that. The review panel looks at whether you are still a risk to the public.

If the review panel thinks you are no longer a risk, they can tell the chief executive to ask the court to review the order under section 88. The court can also be asked to review the order if you or someone else applies under section 88 or section 89. But if an application is already with the court, the review panel waits until the application is finished before doing their review.

The review panel uses section 85 to decide if you are eligible to have a prison detention order. If they think you are not eligible, they can ask for the order to be reviewed. This means the court will look again at whether you should be in prison because of the order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4751213.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safety
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86: Rights and obligations of person subject to prison detention order, or

"What happens to you and what you can expect if you're in prison waiting for a trial under a detention order"

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88: Application by chief executive for review of prison detention order, or

"Chief executive checks if you should still be in prison after a public protection order"

Part 1Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending
Prison detention orders: Review by review panel

87Review of prison detention orders by review panel

  1. During the currency of a prison detention order, the review panel must review the continuing justification of the order—

  2. within 1 month after the order is made; and
    1. then—
      1. within every succeeding 6 months after the most recent previous review of the order by the review panel; but
        1. if an application (other than an application for leave) under section 88 or 89 is pending before the court, within 6 months after the date on which the application is determined or withdrawn.

        2. If the review panel considers that the person subject to the prison detention order is no longer eligible to have an order under section 85 imposed on him or her, the review panel may direct the chief executive to apply to the court for a review of the order under section 88.