D. Offender Charged with, or Convicted of, Further Offending

Introduction

This section provides guidelines for responding to situations in which the offender is suspected, charged with, or convicted of further offending.

Domestic violence

Any alleged, suspected, reported or proven domestic violence (against an adult or child) must be responded to immediately. The first priority is the safety of the victim. Ensure the victim is aware of specialised agencies (e.g. Women’s Refuge), and make urgent referral to such agencies where appropriate. Contact the police if the victim has a protection order against the offender.

The following table outlines the actions available, including potential enforcement action. Enforcement action can and should be taken on the basis of alleged or suspected domestic violence, with the approval of the service manager. If in doubt, seek advice from specialised agencies such as Child, Youth and Family (CYF) or Women’s Refuge, or from the operations help desk.

All reasons for taking/not taking action must be fully documented.

The following table provides guidelines for enforcement action if there is domestic violence in the home.

If there is domestic violence in the home, and the offender…	then, taking account of enforcement principles, take one or more of the following actions:
is on HD (or CD), and is able to provide a suitable alternative address	deem the initial address unsuitable. approve the new address as a temporary residence/address. apply to the court for variation of address.
is on HD (or CD), and not able or willing to provide a suitable alternative address	deem the initial address unsuitable. apply to the court to cancel the sentence of HD and substitute with imprisonment (recommending leave to apply for HD if a suitable address is subsequently found, if appropriate).
is on parole	make an application to NZPB for recall.
is on life parole	discuss the case with the service manager contact the operations help desk to refer the case for general manager decision regarding recall.
has a standard or special condition not to associate with the victim	see section 3C Offender Fails to Comply with Other Standard or Special Conditions.
is on any other sentence/order, and does not have a condition not to associate with the victim	make an application to the court or NZPB to vary the sentence/order to require the offender: not to reside at the residence not to associate with the victim(s), and/or to attend a DVA programme. breach. make an application to cancel and substitute with another sentence.

Other further offending

The following table outlines the options available, if an offender is charged with or convicted of subsequent offending.

If an offender is…	then…
charged with further offending while on parole, and it is considered that the further offending indicates that the offender poses an undue risk to the community or any person(s)	apply to the NZPB for recall. Legislative reference: Section 61(a) Parole Act 2002.
on life parole and is: charged with further offending poses an undue risk, or is in breach of their release conditions	discuss the case with the service manager contact the operations help desk to refer the case for general manager decision regarding recall.
convicted of an offence punishable by imprisonment while on parole	apply to the NZPB for recall. Legislative reference: Section 61(a) Parole Act 2002.
charged with further offending while on any other sentence/order, and it is considered that the charge of further offending indicates escalating risk	consider increasing the frequency of reporting requirements in order to closely monitor a risk or an emerging risk.
convicted of an offence punishable by imprisonment while on: supervision (section 54(2) Sentencing Act 2002) intensive supervision (section 54K(2) Sentencing Act 2002), or HD (section 80F(2) Sentencing Act 2002)	consider making an application to the court to cancel and substitute the sentence. Note: This option is not available for: post-release conditions (from short prison sentence), or post-detention conditions.

Subsequent sentence imposed

The following table briefly outlines the impact of a subsequent sentence being imposed on the offender while serving a sentence of HD, or a community-based sentence.

If an offender is already subject to HD or any community-based sentence, and is sentenced to…

then…

HD or any community-based sentence

the new sentence will be served concurrently, unless otherwise specified by the court.

a short sentence of imprisonment

refer to:

legislative provisions governing the particular situation, and
any decision made by the court.

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