A.11.02 Christmas early release - Guidelines for exercise of discretion

Presumption for Christmas early release

The Chief Executive recognises that prisoners serving a prison sentence of six months or more are highly likely to have a need for assistance from service agencies and support networks (including family / whānau support) upon release.

Furthermore, previous release statistics indicate there is less incidence of reoffending for prisoners who have immediate access to these services.

Given this, any prisoner serving a sentence of imprisonment of six months or more will be granted Christmas early release pursuant to section 52 of the Parole Act 2002, unless there is something in the particular circumstances of the prisoner indicating such a release is not appropriate.

Circumstances indicating Christmas early release is not appropriate

Circumstances which would indicate that Christmas early release is not appropriate for a relevant prisoner include (without limitation):

• Where the Chief Executive, or the manager to whom he / she has delegated the power to direct such early release, is satisfied that Christmas early release is likely to increase rather than decrease the risk of further offending.
• Where the Chief Executive, or the manager to whom he / she has delegated the power to direct such early release, is satisfied that Christmas early release would adversely impact on public safety between any early release date and the prisoner’s statutory release date.

Any decision to decline Christmas early release to an eligible prisoner who is serving a prison sentence of six months or more must be made in consultation with the GMPS or AGMPS.

Prisoners serving very short term sentences

Recognising that a prisoner serving a sentence of less than six months imprisonment is unlikely to have the same need to access service agencies and support networks as a longer term prisoner and recognising also the importance of maintaining the integrity of a prisoner’s sentence, Christmas early release for such a prisoner will not be granted unless there are particular circumstances warranting such a release. (see heading Circumstances favouring early release).

Any decision about whether there are particular circumstances and whether to grant Christmas early release for this category of prisoner can only be made by GMPS or AGMPS.

Circumstances favouring early release

Circumstances which may indicate that Christmas early release is appropriate for a relevant prisoner include (without limitation) where the prisoner:

• Has a demonstrated a need to care for a family member(s) during the Christmas period at the proposed post-release residence.
• Has a certified illness or medical problem and the treatment or management of that problem would be facilitated by the prisoner being in the community during the Christmas period.
• Has counseling or educational opportunities available during the Christmas period that would not otherwise be available.