The first letter an offender receives from the Board will tell them the week during which their hearing will be held. In most cases they will receive their first letter 10-14 weeks before the hearing. The letter will also inform them that they may make a written submission (write a letter) to the Board about their case and arrange to have support people at the hearing. The actual day and time of the hearing will be finalised about three weeks before it takes place and advised to the offender by their Department of Corrections’ Case Officer.
The type of hearing
Most hearings are conducted by a panel of three Board members. There are two kinds of hearing. One is an 'attended' hearing where the offender can take part. The other is an 'unattended' hearing where the panel considers all the information about the case, including any submissions, but usually only Board members take part. If the hearing is 'unattended' the offender will be given the opportunity to have an interview with a panel member before the hearing.
It is the Board's current policy to schedule all hearings as 'attended'. However, an offender can still make submissions (write a letter to the Board) to the Board on whether the hearing should be 'unattended' if they wish.
Writing a submission
The first letter from the Board saying when an offender’s hearing is planned will advise that they can write a submission about their case (if they want to). A submission is any information someone would like the Board to consider when it is deciding a case (it is like a letter to the Board). The Panel considering an offender’s case will all have copies of the
written submissions to read before the hearing and will discuss them at the hearing.
How should a submission be prepared?
The Board would like the submission to be easy for panel to refer to. That is, brief (for example, no more than four pages), written on only one side of the paper and, if possible, typed. If a typed submission cannot be provided it should be written as clearly as possible. Offenders may be able to get help preparing their submission by talking to their Case Officer who might be able to suggest someone that could help. The submission must reach the Board by the deadline stated in the letter sent to the offender by the Board’s administration.
Can other people make submissions on an offender’s behalf?
Other people can also send written submissions to the Board on an offender’s behalf. If they have family or other supporters who want to do that the offender needs to tell them when submissions must reach the Board, and the address to write to.
The support people may also be able to speak at the hearing if the Board agrees.
How does an offender organise to have support people at their hearing?
If the offender is scheduled for a hearing they are entitled to involve support people at their hearing. This could be whanau, family, friends or other supporters. The role of support people is to be with the offender at the part of the hearing when they attend. They can also speak to the panel if the panel agrees. An offender can have up to three support people, but generally not more due to space restrictions.
All visitors wishing to enter a prison must be approved by the Prison Service and they require visitors to undergo a search before entering the prison. Their vehicle may also be searched.
A Support Persons form is sent to the offender with their first letter from the Board. If the offender wants to involve support people at their hearing they must fill in the form, with their support persons' details, and return it to the Board.
- Support people should be adults (16 years or over).
- No children are permitted in the hearing room. Support people and the offender are to make alternative arrangements for child care for the duration of the hearing.
Informing support people of the hearing date and venue
It is the offender’s responsibility to inform their support people of the date, time and place of their hearing, and to take identification to be admitted to the prison. Support people are to arrive at least half an hour before the scheduled time as hearing times can vary. The offender and their support people are responsible for all arrangements and costs for them to attend.
Interpreter
If an offender needs to have an interpreter at the hearing they need to advise their Case Officer so one can be arranged for them.
Lawyer
In most cases if an offender wants to be represented by their lawyer at the hearing they need to write to the Board asking for permission. The letter needs to say why they think their lawyer should be there.
At some hearings the offender is entitled to legal representation without a request having to be made (although the offender must still advise the Board their lawyer is attending). These cases are for hearing:
- recall applications
- applications and reviews for orders made under section 107 of the Parole Act (or section 105 of the Criminal Justice Act)
- postponement orders
- post-release progress hearings.
The offender will need to check with their lawyer to find out whether representation at the hearing may be covered by legal aid. It is the offender’s responsibility to ensure that their lawyer knows the date, time and place of their hearing.
Information sent to the offender before the hearing
An offender will be sent a copy of all the information the Board is going to consider at their hearing - except any victims' submissions. They will receive the information about a week before the hearing, but it may be closer to the hearing date. Any victims' submissions will be shown to them unless the Board is withholding the submission. They will be able to read the submission under supervision, but not keep a copy. The victim's address and any other contact details will be removed from each submission.
The Board can withhold information, such as submissions from victims, if it might affect the offender’s health or the safety of any other person.
