|
|
2002/03 |
2003/04 |
2004/05 |
Number of cases |
6480 |
7120 |
7280 |
Number of hearings |
7704 |
9026 |
8967 |
The number of cases, which relates to individual offenders, differs from the number of hearings for a variety of reasons, primarily the adjournment of hearings. One offender can appear before the Board more than once in 12-month period.
These figures relate to hearing outcomes where the result is either approved or declined. Adjourned, reserved or deferred outcomes are not included as this wouldgive a misleading impression of outcomes.
It should be remembered that an approval of a recall application, or application for an order under s107 of the Parole Act 2002, results in an offender returning to, or remaining in, prison – thus, figures for approvals cannot be simply translated to offenders released from prison by the Board.
|
|
2002/03 |
2003/04 |
2004/05 |
Total |
1842 |
1732 |
2584 |
Approved |
895 (48.5%) |
707 (40.8%) |
818 (31.6%) |
2002/03 |
2003/04 |
2004/05 |
|
Total |
3009 |
3966 |
3477 |
Front End (in custody) |
2551 |
2691 |
2122 |
Approved |
1395 (54.6%) |
1219 (45.2%) |
919 (43.3%) |
Front End (deferred) |
n/a |
545 |
446 |
Approved |
n/a |
403 (73.9%) |
326 (73.1%) |
Back End |
458 |
730 |
909 |
Approved |
175 (38.2%) |
289 (39.5%) |
280 (30.8%) |
Release at Final Release Date (two-thirds of sentence) under the Criminal Justice Act 1985 may be declined on the application of the Chief Executive of the Department of Corrections under s107 of the Parole Act 2002.
|
|
2002/03 |
2003/04 |
2004/05 |
FRD/SRD (total) |
1033 |
621 |
412 |
Approved |
995 (96.3%) |
609 (98%) |
397 (96.3%) |
Under s59-61 of the Parole Act 2002, the Chief Executive of the Department of Corrections or a Probation Officer may apply to the Board to have an offender recalled to continue serving a sentence in prison. Grounds for recall are that the offender poses an undue risk to the safety of the community; has breached release conditions or detention conditions; or has committed an offence punishable by imprisonment. In the case of an offender on home detention, grounds for recall include the offender jeopardising the safety of any person at their residence, or a suitable residence no longer being available. In the case of an offender required to attend a residential programme, grounds for recall include the offender jeopardising the safety of any person at the residence; the offender failing to remain at the residence for the duration of the programme; the programme ceasing to operate, or the offender’s participation being terminated.
2002/03 |
2003/04 |
2004/05 |
|
Parole (total) |
284 |
293 |
237 |
Approved |
231 (81.3%) |
222 (75.7%) |
195 (82.2%) |
Home Detention (total) |
80 |
96 |
97 |
Approved |
71 (88.7%) |
76 (79.1%) |
78 (80.4%) |
Under s27 of the Parole Act 2002, the Board may postpone an offender’s parole hearing for up to three years if it is satisfied that, in the absence of a significant change in the offender’s circumstances, they will not be suitable for release at the time when they are next due to be considered for parole.
|
|
2002/03 |
2003/04 |
2004/05 |
Total |
4 |
8 |
8 |
Under s107 of the Parole Act 2002, the Chief Executive of the Department of Corrections may apply to the Board for an order that an offender be kept in prison beyond their Final Release Date (FRD). Offenders subject to orders under s107, or s105 of the Criminal Justice Act 1985, must have the order reviewed at least once every six months.
|
|
2002/03 |
2003/04 |
2004/05 |
Total |
21 |
34 |
25 |
Approved |
19 |
32 |
24 |
Reviews of Orders |
n/a |
n/a |
91 |
Approved |
n/a |
n/a |
84 |
Under s56 of the Parole Act 2002, an offender who is subject to release conditions or detention conditions imposed by the Board may apply at any time for the variation or discharge of any of those conditions. The Probation Officer may also apply.
|
|
2002/03 |
2003/04 |
2004/05 |
Parole |
48 |
53 |
40 |
Approved |
40 (83.3%) |
50 (94.3%) |
35 (87.5%) |
Home Detention |
83 |
232 |
216 |
Approved |
79 (95.2%) |
216 (93.1%) |
203 (93.8%) |
|
|
2002/03 |
2003/04 |
2004/05 |
Parole (total) |
3 |
4 |
9 |
Approved |
1 |
2 |
5 |
Home Detention (total) |
0 |
1 |
3 |
Approved |
0 |
1 |
3 |
Under s67 of the Parole Act 2002, an offender may, within 28 days of a Board decision, apply in writing to the Board for a review of that decision. Grounds for an application for review are that the Board: failed to comply with the Act, made an error of law, failed to comply with a policy of the Board, based its decision on erroneous or irrelevant information, or acted without jurisdiction.
|
|
2002/03 |
2003/04 |
2004/05 |
Total |
107 |
108 |
108 |
Referred back to Board |
n/a |
n/a |
8 |
Under s25 of the Parole Act 2002, the Chairperson of the Board may, in exceptional circumstances, refer an offender who has not yet reached his or her parole eligibility date for consideration by the Board for parole.
|
|
2002/03 |
2003/04 |
2004/05 |
Total |
29 |
9 |
3 |
Approved |
13 |
4 |
2 |
Under s41 of the Parole Act 2002 the grounds for compassionate release are terminal illness or the offender having given birth to a child.
|
|
2002/03 |
2003/04 |
2004/05 |
Total |
3 |
0 |
3* |
Approved |
2 |
0 |
3 |
Under the Parole (Extended Supervision) Amendment Act 2004, the Chief Executive of the Department of Corrections can apply to the sentencing court to have designated offenders (child sex offenders) made the subject of extended supervision orders. If an order is granted, an application for special conditions can be made to the Board.
|
|
2002/03 |
2003/04 |
2004/05 |
Total |
n/a |
n/a |
14 |
Under s28(5) (parole) and s37 (home detention) of the Parole Act 2002, the Board may revoke a direction to release an offender on parole or home detention at any time before the start of parole or home detention. An offender on home detention may also apply to the Board to return to prison.
|
|
2002/03 |
2003/04 |
2004/05 |
Parole |
8 |
7 |
9 |
Home Detention |
29 |
59 |
58 |
The law in this report is stated as the law as at 30 June 2005. References to legislation in this report are not a substitute for the statutes themselves.