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 court

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

You could also call this:

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

Illustration for Public Safety (Public Protection Orders) Act 2014

If you are in prison because of a public protection order, the chief executive must ask the court to check if you should still be in prison. They must do this within one year of the order being made, and then every year after that. They must also ask the court to review your case if the review panel tells them to.

When the court is working out how long it has been since the last review, they do not count any time when someone has asked the court to look at the case again under section 89. This means the clock stops until the court has made a decision or the application has been withdrawn. You can find more information about this in section 89, which is available at section 89.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4751215.


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87: Review of prison detention orders by review panel, or

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


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89: Application for cancellation by person subject to prison detention order, or

"Asking the court to cancel a prison order"

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

88Application by chief executive for review of prison detention order

  1. During the currency of a prison detention order, the chief executive must apply to the court for a review of the continuing justification of the order—

  2. within 1 year after the order is made; and
    1. then, after the first or any subsequent review, at intervals not exceeding 1 year after each previous review; and
      1. whenever the review panel directs the chief executive to apply.
        1. For the purpose of calculating any period specified in subsection (1), if the court grants leave for an application under section 89, the period is suspended until the application is determined or withdrawn.