General Information

Definition 

Recall is when an offender is returned to prison to resume serving the sentence of imprisonment, usually as a result of:

• failing to comply with the release conditions
• further offending
• a deterioration in behaviour, or
• significant increase in risk to the community.

An application can be made to recall the offender to continue serving his or her sentence of imprisonment if the:

• offender is eligible, and
• grounds for recall can be satisfied.

The New Zealand Parole Board (NZPB) decides all applications for recall.

Eligible offenders 

An application for recall can be made for any offender who:

• is on parole or compassionate release
• has not reached their statutory release date.

Note: If the conditions of parole end prior to this date, the offender will still remain liable for recall.

Life parolees 

A life parolee remains liable for recall for life. 
The decision to recall a life parolee is that of the general manager, CPPS, (on delegation from the chief executive) and all cases should be referred to head office for consideration, through the CPPS operations helpdesk.

Who can make an application for recall 

A probation officer may make an application for recall of an offender who:

• is subject to a long-term determinate sentence, and
• is on:
• • parole (but not life parole), or
  • compassionate release.

Only the general manager, CPPS, (on delegation from the chief executive) may make an application for recall of an offender who is:

• subject to an indeterminate sentence, and
• is on:
• • life parole (whether or not still being subject to standard or special conditions of release), or
  • compassionate release.

When to apply for a recall 

An application for recall may be made if it is believed on reasonable grounds that any of the following apply:

• The offender poses an undue risk to the safety of the community or any person or class of person.
• The offender has breached his or her release conditions.
• The offender has committed an offence punishable by imprisonment whether or not this has resulted in a conviction.
• In the case of an offender who is subject to RR:
  - the offender is jeopardising the safety of any person at his or her residence
  - a suitable residence in the area where a RR scheme is operated by the chief executive is no longer available, or
  - the offender no longer wishes to be subject to RR.
• In the case of an offender who is subject to a special condition that requires his or her attendance at a residential programme, the:
  - offender is jeopardising the safety of any person at the residence, or the security of the residence
  - offender has failed to remain at the residence for the duration of the programme
  - programme has ceased to operate, or
  - offender’s participation in it has been terminated for any reason.

Legislative reference: Section 61 Parole Act 2002.

Return to prison (parole with RR) 

If an offender on parole with residential restrictions (RR) no longer wishes to be subject to RR, the probation officer should make an application for recall.

Important: In these circumstances the offender cannot initiate a return to prison. This can only be done by an application for recall.

Legislative reference: Section 61 (d) Parole Act 2002.

Apply relevant legislation 

When considering recall action:

• confirm eligibility by checking whether the offender was sentenced before, on or after the 1 July 2002, when the Parole Act 2002 came into force, and
• apply the relevant rules.

Offenders sentenced after 1 September 1993, but before 1 July 2002, are liable to be recalled up until three months before their sentence expiry date.

An offender who was subject to a full time custodial sentence as at 1 September 1993 cannot be recalled once they have reached 2/3 of the sentence they were granted parole on.

Legislative reference: Section 87 Criminal Justice Act 1985.

Timeframe for hearing 

The following table shows the different timeframes for hearing by the NZPB under specific conditions:

Application after hours 

Any after-hours application for recall must be discussed with the area manager before contacting the senior adviser of the NZPB on 021 769 850 who can receive and process the application.