This topic outlines the required content of the appendix. The focus is to present all necessary detailed information relating to the suitability of the offender, the proposed residence, and any relevant occupants.
HD/CD
When assessing home detention (HD), it could be practical to also assess community detention (CD) at the same address, at the same time.
If assessing both HD and CD, the conditions of both sentences and curfew period (for CD) should be contained in the appendix. However, only one of the sentences should be recommended in the parent report.
Purpose
The purpose of the appendix is to report on the suitability of the:
- offender for the sentence or order
- proposed occupants and their support, and
- proposed residence.
Legally required content
The legislation states that the court or the New Zealand Parole Board (NZPB) must be informed of:
- the suitability of the proposed curfew address; HD residence, or residence in which residential restrictions (RR) are proposed
- the safety and welfare of the occupants of the proposed curfew address; HD residence, or residence in which RR are proposed
- confirmation that the offender consents or agrees to comply with the conditions of the sentence/order
- in case of CD confirmation that the offender consents to the proposed curfew period, and
- in case of HD confirmation that the offender consents to any special conditions recommended by the probation officer, or that the court has indicated it is considering imposing.
Objectivity of the appendix
The appendix should be fact-based and should not contain arguments for and against the offender receiving HD, CD or RR as part of parole.
Arguments will be presented in the body of the parent report alongside the availability and details of proposed employment, training and programmes.
Headings
The information in the appendix must be organised under the following headings:
- Suitability of Proposed Address
- Suitability of Proposed Occupants and Support
- Suitability of Offender
- Other Relevant Information, and
- Sentence/Order Specific Considerations and Requirements.
Formatting guidelines
The following formatting guidelines must be followed when preparing the appendix:
- use the standard appendix template and format in IOMS
- list all sources of information and attachments in the parent report, (they are not listed in the appendix)
- complete the Electronic Monitoring Address checklist for the appendix
- for all occupants complete the Occupant Safety checklist and Ministry of Justice (MoJ) conviction check (forward to MoJ), and
- complete the Request for Information from Child, Youth and Family (CYF) form if relevant.
Attachments
The appendix itself must be attached to the original parent report to be sent to either the court or the NZPB.
Notes:
- Do not attach the relevant occupants’ criminal history lists.
- Attach the Occupant Safety checklist and Electronic Monitoring Address checklist to the CPPS copy of the parent report and appendix.