L. Considering imprisonment

Introduction

This topic outlines the factors to consider prior to recommending imprisonment as a sentencing option.

A prison sentence has elements of punishment and rehabilitation. It can be imposed if the enactment under which the offender is convicted allows for a sentence of imprisonment to be imposed.

If the offender is sentenced to a short term of imprisonment (not more than 24 months) the court may also impose post-release conditions. If the offender is sentenced to a long term of imprisonment (more than 24 months, or indeterminate) conditions of release are set by the New Zealand Parole Board (NZPB).

Long term of imprisonment

Consider these issues related to other sentences:

• what current sentence(s) need to be cancelled, and
• consult with Collections over the appropriateness of recommending that any fines be remitted.

Short term of imprisonment

Consider the issues related to a long term of imprisonment, plus:

• has a sentence of HD been considered? If not suitable then,
• determine if there are any rehabilitative needs that could be addressed through release on conditions.

Mothers and babies

If a term of imprisonment is likely for women who have a baby under six months old, or are expecting a baby, the probation officer must advise the court that the prison will assess the offender against criteria for the self care units and feeding and bonding facilities. This assessment will be completed after sentencing.