Receiving the Order

Introduction

This topic covers the activities required of CPPS staff in relation to the court/NZPB order.

When court orders are issued

The court issues an order on the offender following their sentencing and before they leave court. This includes orders for extended supervision, as well as HD and all community based sentences.

The court may direct that an offender be detained in the custody of the court for no more than two hours, to enable the order to be drawn up, and a copy given to the offender.

Note: If an offender is released on conditions from a short prison sentence, the order for the post release conditions will be issued by the Prison Services (PS).

When NZPB orders are issued

The PS issues an order on the offender following a NZPB hearing at which their release from prison is confirmed. The order is issued to the offender before they leave the prison. This includes the details of any RR.

The NZPB issues a decision which includes the details of any special conditions to be imposed on an offender subject to an extended supervision order.

Policy

The following actions apply to orders:

The offender signs the order to acknowledge that they:
- have received the order, and
- understand the requirements of the order, particularly the requirement to report within a specified time (usually 72 hours, but less for some sentences/orders).
At the CPPS service centre, each order must be checked for accuracy and the court or NZPB must correct any errors.
Any modification to an order must be recorded in IOMS by administrative support staff.
A correct copy of each order must be retained on the relevant sentence file.

Steps taken

The following table shows the steps taken for setting up an offender's sentence/order, up to their first report.

Step	Action
1	Prior to sentencing or NZPB hearing, a probation officer will complete any pre-sentence or pre-release preparation and notification actions for offenders who may become subject to an electronically monitored sentence or order. Reference: Volume 2, part II, Chapter1, Preparation and Notification Prior to Start of Electronically Monitored Sentence or Order, for more details (Please refer to the related links section on this page).
2	When the offender is sentenced, a release date from prison is confirmed, or RR on an extended supervision order are imposed, a probation officer will: notify the relevant CPPS office if an EM sentence is imposed Reference: Volume 2, part II, Chapter1, Preparation and Notification Prior to Start of an Electronically Monitored Sentence or Order (Please refer to the related links section on this page) issue an instruction to report (ITR) for a pre-arranged appointment, and ascertain or confirm the offender's home address for reporting requirements.
3	Ministry of Justice (MoJ) (Courts) or prison staff: draw up the order serve it on the offender, and explain the details.
4	The offender will: sign the order, and retain a copy. Note: It is a legal requirement for the offender to carry with them at all times the order relating to any EM sentence or order.
5	MoJ (Courts)/prison administration staff enter details, linked through to IOMS, and forward the original of the order to the CPPS office. Note: The original order is to be kept on the offender's file.
6	When a sentence/order request has been received in IOMS, and a paper copy of the order has been received, administrative support staff check the order for errors. Are there errors? If no, then go to stage 8. If yes, then refer to service manager to: check the court/order "received & checked' box in the sentence order management screen update any known offender details, and refer back to court/prison for an amended order to be served on the offender. Notes: MoJ (Courts) staff will send a copy of the amended order to CPPS once it has been served on the offender. Prison staff will send an amended copy of the order to be signed by the offender.
7	If a hard copy of the order is not received, contact the court/prison to request a copy and to confirm that the order has been served.
8	Administrative support staff: create a sentence file (or re-open an existing one if the offender has a previous sentence file still open), and place the original court/release order (with any corrections) on the file.
9	The service manager: reviews the file against the offender warning system criteria, and allocates the offender to a probation officer (if not already pre-allocated).

Previous Next Show Contents

| | | | | | | | | | | | | | | |