Offender on Indeterminate Sentence

Introduction 

The general manager, CPPS, on delegation from the chief executive, makes applications for recall and interim recall of life parolees and preventive detainees.

Life parolees 

A life parolee is an offender who has been sentenced to an indeterminate (or life) sentence and who is released on parole. These offenders are subject to release conditions for the rest of their life, and can be recalled to prison at any time if they meet certain criteria.

Criteria for recalling life parolees 

The criteria are set out in section 60(1) of the Parole Act 2002. 

If the probation officer believes that the offender meets any of the criteria for recall then the matter must be referred to the operations help desk immediately.

Role of the CPPS operations helpdesk 

An operations advisor within the operations help desk team is designated as the lead officer for recalling life parolees.  Their role in recalling offenders on indeterminate sentences is to:

• liaise and help support probation officers and service managers on life recalls
• prepare information for the general manager and for the crown solicitor
• liaise with the crown solicitor
• monitor and manage progress in recalling life parolees and ensure that this is done as quickly as possible, in line with agreed timescales
• help keep relevant CPPS staff and managers informed of progress.

Management oversight 

If the probation officer considers there may be grounds for the recall of an offender on life parole, this should be discussed immediately with the service manager, and the operations help desk should be informed.

Probation officer procedure 

The table below shows the probation officer’s role in preparing a case for recall of a life parolee.

Head office process 

The operations advisor considers whether there are grounds for recalling the life parolee and the level of priority of the recall action.  They inform the probation officer of further action required and act as liaison for the general manager and the crown solicitor.

The general manager, CPPS, assesses the strength of the application, and instructs the crown solicitor.

The crown solicitor assesses the strength of the case, gives advice on whether CPPS should proceed, and prepares papers for the NZPB, at the direction of the general manager.

The general manager, CPPS, makes the decision on whether or not to proceed with the recall application.

Required documents 

The following documents are required, and should be forwarded to the operations advisor:

• all release documents, including:
  - copies of the release licence, and
  - signed receipt by the offender
• a print-out of the file casenotes
• the previous conviction list
• copies of all pre-sentence reports including the report for original sentence (if available) and any reports written since release
• reports from programme providers following imposition of the sentence (if applicable)
• reports from psychologist and external counsellors (if applicable)
  any previous recall applications and decisions, and
• names and contact details of any other persons who may be able to provide useful information, by way of affidavit, for the case.

Where further offending is alleged, documents required include:

• a summary of facts
• an outline of the charge(s) if no summary is available
• whether pleas have been entered and if so what those pleas are
• an active charges report
• the current state of disposition of the charges, i.e. has the offender been convicted/sentence/had depositions hearing set, and
• the name and contact details of the police officer in charge of the case.

Note: Do not forward the whole file, unless specifically requested to do so. The required documents listed above must be arranged so that they are easily accessible for the crown solicitor.