Application to Court

This topic covers:

the process for applying to court
guidelines for managing offenders on ES bail conditions
ES order start dates
court-imposed interim special conditions
the documentation of the order itself, and
the effect of ES orders on other sentences.

Application process

The following table describes the process for ES applications.

Stage	Description
1	The ES coordinator sends instructions and supporting documentation to the crown solicitor nearest to the offender's address or prison. If the offender is currently being managed by CPPS, then the ES coordinator asks the probation officer to send a copy of the active CPPS file to the crown solicitor.
2	The crown solicitor prepares the ES application and files it in court.
3	The court sets a date for the application to be first called in court.
4	The managing probation officer or unit manager serves the ES application on the offender.
5	The ES application is called in court. The offender must appear.
6	The offender either consents to an ES order or opposes the application. There may be multiple adjournments over a period of months for: further legal advice to be sought by the offender, and an 'independent' psychological report to be sought by the offender's counsel. The offender may be entitled to legal aid for the purposes of the ES application. The offender may make submissions and give evidence, as can any victims registered as part of the victim notification system. The health assessor (and the writer of any independent report) may appear in court to give evidence in support of their report. In very rare cases, the offender's probation officer may be called upon to provide an affidavit and give evidence in court. For example, the probation officer might provide information about the offender's compliance with their current sentence. The crown solicitor will: contact the probation officer well in advance of the hearing, and brief the probation officer.
7	If the offender's release conditions expire before the ES application is resolved, then the crown solicitor will apply for bail conditions, which may include the offender continuing to be managed by CPPS. Reference: This process is set out in more detail later in this topic.
8	The court decides whether or not to impose an ES order and sets the start date of the order. Reference: See below for more detail about ES order start dates. When granting an ES order, the court may also impose interim special conditions to apply until the NZPB has imposed final special conditions.

Notification to the field

Throughout the ES application process, the ES coordinator notifies the field of:

court dates
outcomes of court appearances
any bail conditions set, and
final outcome of the ES application.

Managing offenders on ES bail conditions

If the offender's release conditions expire before the ES application is resolved, then the crown solicitor will apply for bail conditions, upon instruction from the CPPS head office.

Legal authority

The court dealing with an ES application may remand the offender on bail pursuant to section 107G(5) and (6) Parole Act 2002, and the Bail Act 2000. Under section 31 Bail Act 2000, bail conditions may include any conditions reasonably necessary to ensure that the offender:

appears in court
does not interfere with any witnesses or evidence, and
does not commit any offence whilst on bail.

Likely bail conditions

Typical ES bail conditions are based on the standard release conditions and specific special conditions which reduce the risk of them re-offending whilst on bail. Therefore bail conditions may include a condition to report to a probation officer as well as accommodation, employment and non-association requirements, including non-association with children under 16 years and the victims.

Managing offenders on ES bail

Offenders on ES bail are to be monitored by a probation officer as if they were on ES, including accommodation checks where bail conditions require accommodation approval. Case management of offenders on ES bail should be recorded as case notes under their previous parole or release conditions in IOMS.

Recording your hours

Probation officers should record their time managing offenders on ES bail in the Employee Self-Service (ESS) timesheet under "Extended Supervision Under 12 Months".

ES order start dates

The start date of the ES order is determined by when the order is granted, and submissions by the crown solicitor upon instruction from the CPPS head office.

If the ES order is granted…	then the order starts…
before the statutory release date (SRD), i.e. while the offender is recallable	on the SRD.
after SRD	at the end of release conditions when the parole board sets special conditions, or on the date the order is imposed. This will depend on the offender's current release conditions.
after release conditions expired	on the date the order is imposed.

Legislative reference: Section 107L(1) Parole Act 2002.

Interim special conditions

When granting an ES order, the court may also impose interim special conditions to apply for three months or until the NZPB has imposed ES special conditions, whichever is the earlier date.

The crown solicitor will apply for interim special conditions upon instruction from the CPPS head office. Applications will be made only in the rare cases where the ES standard conditions and the offender's current special release conditions are insufficient to manage the offender's risk until the NZPB sets final special conditions.

The relevant probation officer and service manager will be notified by the ES coordinator of any interim special conditions to manage. The interim special conditions will appear in IOMS in the ES sentence/order management screen.

ES order documentation

The court produces the ES order. The details of the order are entered into IOMS, however the order itself is a court document and is not produced from IOMS.

The court should provide a copy of the order to the prison or local service centre where applicable, who should forward the order on to the managing service centre, if this is a different service centre.

Effect of ES on other sentences

Upon the commencement of an ES order the offender is subject to the standard ES conditions set out in and any interim ES special conditions imposed by the court.

Legislation references

For ES orders imposed after 1 October 2007, standard ES conditions are set out in:

section 107JA Parole Act 2002, and
Volume 1 Extended Supervision Special Conditions Report.

For ES orders imposed before 1 October 2007, the standard ES conditions are the standard release conditions set out in:

Section 14 Parole Act 2002.

Any standard release conditions to which the offender is subject are discharged.

Legislative reference: Section 107L(2) Parole Act 2002.

Any special release conditions to which the offender is subject continue in force for 3 months or until the date on which the NZPB set ES special conditions, whichever is the earlier.

Legislative reference: Section 107(2A) Parole Act 2002.

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