During and After the Hearing

Attendance at the hearing

If CPPS is not legally represented, a probation officer should be available to attend the NZPB hearing. Preferably this would be the same probation officer who made the application.

If the hearing is outside the area where the applicant resides, a request should be made through the service manager for a probation officer from where the NZPB hearing is taking place to be present to represent the Department of Corrections.

Offender???s presence at hearing

A recall hearing may proceed in the absence of the offender where the preliminary service of documents has been complied with correctly.

If the NZPB makes a final recall order, they must issue a warrant for the offender to continue serving his or her sentence in prison.

Legislative reference: Section 63(2) of the Parole Act 2002 enables the police to arrest the offender without possession of the warrant if the:

• offender is still at large after the making of the order, and
• police know the warrant has been signed.

If application declined

If the NZPB declines an application, it may exercise its powers to vary or discharge the conditions of release without the necessity for an application in this regard.

Parole eligibility after recall

Parole eligibility continues for any offender, whether recalled before or after their original release date, up to the new final date.

Final release date after recall

After recall has been ordered, the final release date shall then be no later than the statutory release date. PS should have recalculated to allow for any period for which the sentence was suspended during the recall proceedings.