When to Apply for Variation or Cancel (Discharge)

Type of result

When to use

Examples

condition addition

The offender undergoes a change of circumstances that the probation officer believes will compromise the goals and objectives of the sentence.

The offender has begun to associate with persons whom the probation officer believes on reasonable grounds will encourage the offender to engage in activities in breach of their sentence, and the offender acknowledges this.

condition variation, suspension or cancellation

• The offender undergoes a change of circumstances that makes them unable to comply with one or more of the conditions of the original order.
• The variation proposed will ensure the offender is in a position to address their identified rehabilitative needs.

The special conditions of an offender’s sentence require the offender to attend a particular programme, which runs on Wednesday afternoons.

The offender’s employer now requires the offender to work on Wednesday afternoons, and the offender will lose the job if they do not comply.

The probation officer applies for a variation to alter the condition to require attendance at a different type of course, which they deem also meets the objectives of the order.

condition discharge

The condition is no longer a priority because the:

• circumstances have changed which prompted the requirement for that condition, and/or
• objectives related to that condition have been met.

An offender is required by a special condition to attend a residential rehabilitation programme for an alcohol problem. A specialist assessment, however, indicates that this is not necessary as the alcohol problem was not as serious as first assessed.

suspension of all conditions

The offender is subject to circumstances that prevent compliance between two specific dates.

The offender is to undergo a surgical operation and will be unable to meet any requirements of the sentence until released from hospital. The offender’s medical practitioner confirms the expected duration of hospitalisation.

discharge from all conditions

• The offender has undergone a change of circumstances, and/or
• parole is no longer necessary in the interests of the community or the offender (i.e. the offender no longer poses any risk to the community).

An offender has satisfactorily complied with the order, and has exhibited consistently pro-social and compliant attitudes and behaviour. The probation officer is satisfied that neither the offender nor the community will benefit further from a continuation of the order.

Note: Offenders on life parole are subject to standard conditions for life, these cannot be discharged by the NZPB.

extension of period of parole

It is considered that the offender needs an extension of time to complete special conditions satisfactorily. This extension cannot go more than six months later than the statutory release date.

The offender is required by special conditions to attend a programme for an alcohol problem.

It is now considered they need further in-patient treatment but the parole period is almost completed.

The completion of the programme will have significant impact on the offender’s offending behaviour.