D Assessing the Suitability of Relevant Occupants

This section outlines the procedure to follow when interviewing the relevant occupants. Relevant occupants as defined in the legislation are those people that must consent to the offender remaining at the address.

For more information, go to Defining Relevant Occupants.

Purpose

Probation officers must investigate the safety and welfare of the occupants of the proposed:

curfew address
HD residence, or
residence in which RR is proposed.

Probation officers must also ensure all relevant occupants are aware of the conditions and requirements of these sentence/orders and consent to having the offender remain at the address while subject to these sentence/orders.

Legislative reference: Section 26A Sentencing Act 2002, and section 34 Parole Act 2002.

Interviewing relevant occupants

The procedure for interviewing relevant occupants is outlined below:

Step	Action
1	Set up a meeting with the relevant occupants at the proposed address. The following forms should be used for the meeting with the relevant occupants: Occupant of Proposed Address Agreement (POI05) Occupant Safety Checklist (EM012) Electronic Monitoring Address Checklist (EM01) MoJ Criminal History form (Priv/F2) Sentence/order Informatin Sheets. Notes: It is preferable to organise for all relevant occupants to be present at the same interview. Provide advance warning to the occupants that proof of identity in the form of a driver’s licence or passport is required at the interview.
2	At the interview, explain the following: overview of the applicable electronically-monitored sentence (HD/CD/RR) the obligations and rights of the offender and relevant occupants duties of the probation officer duties of the electronic monitoring (EM) company, if applicable process for EM what to do if things go wrong safety and welfare issues, and the consent form (Occupant of Proposed Address Agreement POI05). Note: The Occupant Safety Checklist (EM012) should be used as a tool during the interview to canvass any safety and welfare issues with the occupants.
3	Gather the following details of each occupant of the proposed residence (including children): full name date of birth, and relationship to the offender.
4	Discuss with the relevant occupants the nature of the offender’s current and previous convictions. Canvass their attitude to the offender’s current and previous convictions (e.g. do they minimise the offending or oppose it?). Note: Do not allow relevant occupants access to the previous conviction list, or to copy any part of that list. Remind them of their legal obligation in relation to the Privacy Act.
5	Advise the relevant occupants that Child, Youth and Family (CYF) may be contacted.
6	Consider and discuss the safety and welfare of all occupants, and the likely impact on the occupants (including children) of having the offender reside there. Note: Remember that the safety and welfare of the offender must also be taken into consideration when assessing relationships between the occupants and the offender.
7	Advise the occupants that they can withdraw their consent at any time. The probation officer should provide contact details in case the circumstances of the occupant change in the period between the interview and the board/court decision date.
8	Advise the occupants that it is an offence to refuse to allow the probation officer, or an authorised person (with appropriate identification) entry into the address for the purpose of maintaining the equipment.
9	Ask all relevant occupants, 16 years or older, to sign the POI05 giving their consent for the offender to be electronically-monitored in the residence. Note: Legally, HD/CD/RR cannot be imposed unless all relevant occupants give this consent.
10	Ask all relevant occupants, 16 years and older, to sign consent to a criminal history check through the Ministry of Justice (MoJ), using the MoJ form. Advise the occupants that this information will only be used by CPPS to assess the appropriateness of the offender residing at the address, and will not be kept.
11	Discuss with the relevant occupants their support for the offender being sentenced/ordered to HD/CD/RR and note the likelihood of whether they would be a positive influence on the offender.
12	Give the relevant occupants a copy of the: sentence/order fact sheet informing them about the applicable sentence or order (HD/CD/RR), and Occupant of Proposed Address Agreement (POI05).

Obtaining relevant occupants’ consent

The probation officer should be attentive to any signs of the offender pressuring the relevant occupants to give consent. Note any such instances in the appendix.

It may be appropriate in some cases to provide this information to the judge in confidence. This can be done by way of a memo provided only to the judge and should only be done if there are significant concerns about the safety and/or welfare of a relevant occupant.

Legislative reference: Section 28(2) Sentencing Act 2002.

Change in circumstances

Offenders and occupants are individually responsible for informing CPPS or Prison Services (PS) of any changes to their circumstances that could affect consideration for HD/CD/RR. This responsibility is outlined in the sentence/order fact sheets.