Offender Not Eligible for Programme

Introduction

This section provides guidelines to assist the probation officer to manage the sentence/order if the offender is not eligible for the programme.

Appropriate actions

The following tables outline the actions to be taken if an offender is no longer able to comply with the special condition to complete a programme due to assessment as ineligible for the programme.

If the offender is not eligible for the programme…	then the probation officer should…
because he/she has been assessed post-sentence as not eligible, and the special condition is worded "to be assessed and if found eligible to undertake …"	not take any further action.
because he/she has been assessed post-sentence as not eligible, and the special condition is worded "to undertake and complete (specific) programme…"	discuss with senior probation officer/service manager and either: make an application to the court/NZPB for variation/discharge of the special condition, or make an application for cancellation, or cancellation and substitution of the sentence. References: (Please refer to the related links section on this page.) Volume 2, Part VIII, Applications to Court, and Volume 2, Part IX, Applications to the NZPB.
because he/she has been assessed post-sentence as not motivated to undertake the programme	undertake motivational work with the offender, and have the offender re-assessed for the programme.
and upon further assessment the offender is still not eligible for the programme	discuss with the senior probation officer/service manager, and make an application to the court/NZPB for either a variation cancellation, or cancellation and substitution of the sentence. References: (Please refer to the related links section on this page.) Volume 2, Part VIII, Applications to Court, and Volume 2, Part IX, Applications to the NZPB. Note: For offenders subject to parole, ROC or PDC, it is only possible to cancel or vary the condition.

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