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The panel (members of the Board) considering a case usually make a decision about an offender at the offender’s hearing.  The decision itself must then be typed up and signed off by the panel convenor (the Judge that chaired the hearing).  Once the decision is signed it is notified in writing to the offender, and to all registered victims and to any other victim who made a submission for the hearing.

After the hearing a victim who is to be notified will receive a letter from the Board summarising the outcome of the hearing and an edited copy of the Board’s full decision about an offender.  The decision is edited to comply with privacy laws and with the Parole Act 2002 - the Board may withhold notice of a condition if disclosing the condition would significantly interfere with the privacy of any other person (other than the offender).

When is the decision available?

On some occasions the decision may be available a few days after the offender’s hearing, and in other cases this can take up to 2-3 weeks.  If it appears the decision is likely to take some time to prepare then victims may receive a letter prior to the full decision to advise them whether the offender is to be released or not.  The Board may also withhold certain locations and addresses from the decision.

What information is notified to victims after the hearing?

Victims who are notified of the outcome of a hearing will be told whether or not release has been approved, along with certain other information depending on the Board’s decision:

If release has been approved –victims will be advised  the date the offender is to be released and the conditions of the offender’s release.  In some cases the Board may withhold notice of a release condition if disclosing the condition would significantly interfere with the privacy of any other person (other than the offender).  Information about release conditions can be found in the ‘Release and Recall’ area of this website.

The victim will also be given a contact telephone number for a Victim Notification Co-ordinator at the Community Probation and Psychological Service (the agency that manages offenders who are on parole).

If release is not approved – victims will be given an approximate timeframe before the offender’s next hearing. This is usually  11-12 months but can vary:

• If the date on which the offender must be released from prison (by law) is within the next 12 months the next hearing will usually be scheduled about 2-3 months before their release date.  This allows the Board enough time to set release conditions and schedule a further hearing before the offender’s release to follow up on any reports the Board may have requested.
• The Board may decide to see the offender at any time within the 12 month period.  This can happen for a number of reasons but usually because the Board thinks it necessary to monitor how well an offender is progressing with their sentence management plan in prison.  For example, if the offender is part way through a rehabilitation programme the Board may decide to schedule the next hearing at the end of the programme (rather than in 12 months time) to learn about the progress they have made.
• The Board may impose a postponement order on the offender and  postpone considering an offender for parole for up to 2 or 3 years depending on the type of sentence the offender is serving.

An offender can apply to the Board at any time to be considered for parole at a date earlier than the date the Board has scheduled.  The Board will consider their request and if the Board decides the offender should have an earlier hearing it will be scheduled accordingly.

If the hearing is adjourned – victims will be advised either when the next hearing will be, or the approximate time until the next hearing if it is yet to be scheduled.  The victim will also be told the reason(s) why the hearing has been adjourned.  The Board adjourns hearings for a number of reasons, but usually because it is waiting for further information.

If the hearing has been adjourned for a short period of time (1-2 months) the victim will be advised of the hearing adjournment and the approximate date for the next hearing.  They will also be advised that their submissions will be kept on file and considered by the Board when it is making its decision.  Victims are entitled to make further submissions for the next hearing of the case if they wish.

If the hearing is adjourned for a longer period (2-4 months) the victim will be notified of the adjournment period and reason for adjournment.  They may also receive a further letter notifying them of due dates for written submissions and request to make oral submissions for the next hearing.

Reserved decisions - Very occasionally the Board ‘reserves’ it’s decision.  This can occur when the Board decides it needs more time to think about the offender’s case – there are many different reasons why this could happen.  If the Board decides to ‘reserve’ its decision then victims will be notified of the fact and will be informed of the Board’s full decision when it becomes available.

Offender’s right to review

An offender has a right to request a review of a decision made about them within 28 days of the outcome of their hearing.  The review rights are limited to various procedural aspects of the law – they are not available simply because an offender doesn’t agree with the Board’s decision.

Victims are not notified when an offender requests a review, but they will be notified if the review results in another hearing being scheduled, or if the Board’s decision has been nullified or amended.