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Nicholas John PETERS

Hearing:
23 September 2010
at (Withheld) Prison

Members of the Board:
Judge D Saunders (Panel Convenor)
Mr J Thomson
Ms J Donaldson

Counsel:
(Withheld)

Support People:
(Withheld)
(Withheld)
(Withheld)
Nicholas John Peters is appearing before the Board for further consideration of release on parole.  Mr Peters appeared before the Board in September 2009 and at that time the Board declined to consider parole on the basis that there was an appeal lodged against the sentence by the Crown and that there were no rehabilitative programmes then undertaken.

The appeal against sentence by the Crown was successful whereupon the sentence was increased to one of five years, three months.  Mr Peters’ parole eligibility date moved then to 9 December 2009.  Over the last year Mr Peters has turned 20 and has now completed the Medium Intensity Rehabilitation Programme and done so very well.  The Board has been impressed with the way in which he responded to that programme and the reports that were filed in support of him.  Mr Peters was made aware of the views of the victims which were unchanged from the view expressed in the previous year.

Mr Peters again acknowledged that he would be prepared if required and requested by the victims to participate in a restorative justice programme.  It was apparent that Mr Peters does not know the family of the victim and played a much lesser part in the violence that was exacted against the deceased.  Mr Peters’ remorse was acknowledged by the trial Judge at the time of sentencing and it is clear that the family have also experienced feelings of grief about the way in which this whole unhappy incident unfolded in (Withheld).

Mr Peters has now demonstrated to the Board that he has a full understanding of his offence chain and has in the Board’s view demonstrated that he has matured to the point where he could be considered not to be an undue risk to the safety of the community if released.  Mr Peters will be released on full residential restrictions on (Withheld) of October 2010.

 Special conditions are as follows:

1. On date of release he will be required to travel to (Withheld) and is not to move from that address without the prior written approval of the Probation Officer. 
2. While at that address he will be subject to electronic monitoring and will be required to return for a progress hearing before the Board at (Withheld) Prison in the month of January 2011.
3. To reside at (Withheld) and not to move from that address without the prior written approval of the Probation Officer.
4. While subject to residential restrictions and parole he is to abstain from possession and consumption of alcohol and/or illicit drugs.
5. Conditions of parole will include a requirement that he be assessed for drug and alcohol dependency and if deemed suitable will undertake further treatment as maybe directed by the Probation Officer and the drug and alcohol clinic.
6. A further condition will be that he is not to have any contact or otherwise associate with the family of the victim of his offending directly or indirectly unless he has the prior written consent of the Probation Officer (we would expect this consent to be given if a restorative justice conference is requested and agreed to by the parties).
7. He must notify the Probation Officer prior to starting, terminating or changing his position or place of employment. 
8. He will undertake an assessment and if deemed suitable undertake and complete the (Withheld) Programme to the satisfaction of the Probation Officer and programme provider.
9. Not to communicate or associate with any persons specified by the Probation Officer.  We would expect this to include the co accused that he was charged with.
   

His parole conditions will run through until the statutory release date.  The question of electronic monitoring will be reviewed as indicated by the Board in January 2011.

(signed)
Judge D Saunders
Panel Convenor

Review

•    You may apply for a review of the Board’s decision under section 67(1).  The only grounds under which you may make an application for review are that the Board, in making its decision:

a)    Failed to comply with procedures in the Parole Act 2002; or
b)    Made an error of law; or
c)    Failed to comply with Board policy resulting in unfairness to the offender; or
d)    Based its decision on erroneous or irrelevant information that was material to the decision reached; or
e)    Acted without jurisdiction.

•    To apply for a review you must write to the Board within 28 days of its decision stating which of the above ground(s) you consider to be relevant in your case and giving reasons why you believe that ground(s) applies.
 
•    Reviews are considered on the papers only.  There is no hearing in respect of your Review Application.