3. Policy on attendance at recall, section 107 and ESO hearings
Applications for recall under s60:
Section 60(1), (2) and (2A) provide that the Chief Executive of the Department of Corrections, a Probation Officer or the Commissioner of Police respectively may make a recall application to the Board in respect of any offender who
(1) (a) is subject to a determinate sentence, and
(b) is on parole or on compassionate release, or
(2) (a) is subject to a determinate sentence and
(b) has not yet reached his or her statutory release date; and
(c) is on parole or compassionate release
Section 65(4) provides that the Board may determine a recall application without hearing from any person orally unless
(a) the offender has indicated that he or she, in person or through counsel, wishes to appear to state his or her case; or
(b) the Board wishes to hear from any other person orally.
Policy on attendance at recall hearings by, or on behalf of the applicant:
Where the offender has indicated in advance of the hearing that the recall application will not be opposed, a representative of the Community Probation & Psychological Service or the Police will be present at the hearing in support of the application.
Where the offender has indicated that the recall application will be opposed, or where no such indication has been given, the applicant Probation Officer or the Probation Officer who swears the supporting affidavit or the Police, as the case may be, will be present at the hearing in support of the application. In addition, the necessary witnesses required by the applicant will be present to allow the hearing to proceed.
Applications under s107:
Section 107(2) and (6) provide for applications by the Chief Executive of the Department of Corrections for orders that offenders not be released before their applicable release date, and for any such order to be reviewed every six months.
Policy on Psychologist’s attendance at s107 hearings:
All hearings under s107 (including reviews), it will be unnecessary for the psychologist whose report has formed the basis for the application, to be present, unless prior notice has been given by the Board. If the offender (or counsel) requests that the psychologist be present for cross examination, then a special fixture will be arranged and notice given accordingly.
Applications under s107K and O for imposition or variation of ESO conditions:
Section 107K and O empower the Board on the application of the Chief Executive or a Probation Officer, to impose special conditions on an offender who is subject to an extended supervision order, and on the application of either the offender subject to the order, or a Probation Officer, to vary or discharge these conditions.
Policy in relation to attendance at ESO hearings:
The applicant, or a representative of the applicant, for an order under s107K, or the offender or the probation officer applying for a variation under s107O, as the case may be, shall appear before the Board in support of the application.
Hon J W Gendall QC
New Zealand Parole Board
Reviewed and confirmed as amended 30 October 2015.