New Zealand Parole Board -

Application for recall

Under section 60(2) of the Parole Act 2002

between

[withheld]

Applicant

and

Dillon Jade BARCLAY

Respondent

Hearing: 21 March 2023

at Invercargill Prison

Members of the Board:

Alan Ritchie – Panel Convenor

Mr L. Tawera

Mr P. Elenio

Counsel: Ms S. Vidal for Respondent

Attendees: [withheld] – Probation Officer

DECISION OF THE BOARD

1. The Board has considered an application for Dylan Jade Barclay, 30, to be recalled from parole to prison to continue serving his effective sentence of five years for aggravated robbery, possession of an offensive weapon, reckless driving, dangerous driving, driving with evidence of drugs and other offending.
2. He was released on 6 December 2022 with conditions to continue until six months beyond the statutory release date which was then 27 November 2023.
3. This application has been made by Probation Officer, [withheld], who attended for the Department.
4. Mr Barclay was represented by counsel, Ms Vidal.
5. The grounds relied on were undue risk to community safety, breach of release conditions and committing an offence punishable by imprisonment.
6. In his affidavit in support, [withheld] has deposed to concern expressed by
   Mr Barclay’s employer about a poor attitude creating a risk of losing the employment.  The employer had said that if there were evidence of drug use the employment would end.  There was also information about Mr Barclays disclosing contact with an old friend with a Mongrel Mob association.
7. On 8 February 2023 Mr Barclay was tested for drugs and on 13 February 2023 there was a positive test result for methamphetamine.
8. For Mr Barclay Ms Vidal said there was an acceptance of breach.  However, she said that there were difficulties with the employment and the breach occurred at a time of high pressure.
9. Ms Vidal urged that Mr Barclay might be allowed to continue on parole.  The problems we have with that arise, not least, from there being no approved accommodation as at today and nor is there employment.  We acknowledge that Mr Barclay is willing to engage in further drug treatment in the community but we do not have any definite detail of that either.
10. Significant in our consideration is that an order for an interim recall was made on 13  February 2023 but Mr Barclay was not returned to custody until 2 March 2023.  He told us what he had been doing at that time but it does seem that he was simply not facing up in a responsible way to his situation nor, it would seem, was he able to have any relevant reference to the safety plan which he would have developed during his time on the Drug Treatment Programme.
11. We did take a break in proceedings so that [withheld] and Ms Vidal could discuss what might be a reasonable next step forward.
12. On resumption [withheld] said that there would have to be a process engaged in for approval of accommodation.  Ms Vidal said that Mr Barclay would prefer an adjournment of this application for that process to occur.
13. Our assessment is that risk to community safety is undue and a final order for recall must be made.  We are aware of the relatively proximate statutory release date (now
    14 December 2023 as we understand it) and we will schedule Mr Barclay to be seen for the further consideration parole in two months’ time (in the week commencing 8 May 2023). No assurances are offered about the outcome of that hearing, but we do hope that there is much greater clarity about risk factors than there is today including in relation to accommodation, employment, community support and community rehabilitation.  In the meantime if there is any possibility of treatment (whether by way of maintenance programme or otherwise) in the prison then that would be helpful to Mr Barclay.