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Introduction

This section provides guidelines to assist the probation officer to manage the sentence/order if a programme required to meet the a special condition is not available.

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 the programme no longer being available.

If the programme is not available, and …

then the probation officer should…

  • an alternative programme is available, and
  • the wording of the special condition allows for an attendance at an alternative programme
make a referral to the alternative programme.
  • an alternative programme is available, but
  • the wording of the special condition is specific to one programme
  • make an application to the court/NZPB for variation of the special condition, and
  • complete a referral to the programme.

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.
  • no alternative programme is available, and
  • the offender is subject to court imposed conditions
make an application to court to:
  • cancel or vary the conditions
  • cancel, or
  • cancel and substitute the sentence.

Reference: Volume 2, Part VIII, Applications to Court. (Please refer to the related links section on this page).

Note: For offenders subject to ROC or PDC, it is only possible to cancel or vary the condition.

  • no alternative programme is available, and
  • the offender is subject to conditions of release imposed by the NZPB
  • make an application to the NZPB to discharge the condition, or
  • recall (depending on the condition).

Reference: Volume 2, Part IX, Applications to the NZPB. (Please refer to the related links section on this page).



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