When making decisions about, or in any way relating to, the release of an offender, the paramount consideration for the Board in every case is the safety of the community.
The statutory test applied by the Board is whether or not it is satisfied that the offender does not present an undue risk to the safety of the community or any person. Other principles that must guide the Board’s decisions are that:
- offenders must not be detained any longer than is consistent with the safety of the community, and that they must not be subject to release conditions or detention conditions that are more onerous, or last longer, than is consistent with the safety of the community,and
- offenders must be provided with information about decisions that concern them, and be advised how they may participate in decisionmaking that directly concerns them, and
- decisions must be made on the basis of all the relevant information that is available to the Board at the time, and
- the rights of victims are upheld, and victims’ submissions and any restorative justice outcomes are given due weight.
When any person is required to assess whether under Section 7 of the Parole Act 2002 an offender poses an undue risk, the person must consider:
- the likelihood of further offending, and
- the nature and seriousness of any likely subsequent offending. The Board considers information from a range of sources in making decisions. These include the Police statement of facts of the offence(s), presentence reports, the Judge’s sentencing notes, and the offender’s criminal history. Reports from the Public Prison Service address what programmes the offender may have completed to address their offending. The Board also considers psychological assessments, plans for release into the community, and submissions received from victims and the Police. The offender can make written and oral submissions to the Board, and the general public can make submissions.
