A.11.01 Christmas early release

Discretionary power to direct Christmas early release

• The Chief Executive has the discretion to authorise the Christmas early release of relevant prisoners.
• Recognising the purpose of section 52 of the Parole Act 2002, the Chief Executive has adopted guidelines to aid him or her and those to whom he or she has delegated that power in the exercise of that discretion.
• The guidelines set out in PPM A.11.02 Christmas early release - Guidelines for exercise of discretion, apply equally to any person to whom the Managers referred to have further delegated the power granted to them by the CE.
• It should be noted that the decision-making in relation to offenders covered under the headings "Prisoners serving very short term sentences" and "Circumstances favouring early release" in PPM A.11.02 must remain with the GMPS, or PS Assistant General Manager (AGMPS) and is not to be subdelegated further.

Primary purpose of Christmas Early Release

The primary purpose of section 52 of the Parole Act 2002 is to mitigate the risk that prisoners, unable to make contact with service agencies and support networks (including family / whānau support) to make suitable arrangements for such things as accommodation and employment before the Christmas period (i.e. the period commencing on 15 December in one year and ending on 5 January in the next year), are more likely to reoffend.

Release date

Where a direction is given for the release of a relevant prisoner under section 52, that prisoner is to be released on the Monday in December immediately preceding his / her statutory release date unless the Chief Executive, or other manager delegated the power to direct such early releases, specifies an alternative date using his / her discretion.

Record to be kept

All documents relating to the consideration for early release of relevant prisoners, pursuant to section 52 of the Parole Act 2002, must be kept on the individual prisoner files.

Complete list to be held

A list must be prepared and kept by PS Service Support to show for each year (by site):

• The total number of relevant prisoners
• The total number of relevant prisoners released early

A report, including the above list, must be sent for information to the Minister of Corrections, the Chief Executive, the General Manager and the Manager Communications as soon as the final numbers have been confirmed. The report must also specify the names and offence details of any prisoners to be released who are high profile or whose release might attract media attention.

Notice to offenders

Each year, at least 20 working days prior to the beginning of December, a notice must be issued notifying prisoners of the purpose and criteria of the Christmas early release, and inviting those whose final / statutory release date falls in the time period within the period commencing on 15 December in one year and ending on 5 January on the next year, to immediately contact their unit manager to discuss their post-release plan and any outstanding issues.

Complaints

Relevant prisoners who are dissatisfied with the outcome of the decision whether or not they are granted Christmas early release may complain directly to an Inspector of Corrections (This does not restrict in any way a prisoner’s right to complain to an Ombudsman).