A victim’s hearing, or oral submission, is where a victim has the chance to meet with the members of the Board that will be considering the case of the offender who offended against them. The purpose of the attended hearing is for the victim to convey to the Board the same sort of concerns that might be contained in a written submission but it also allows two-way communication. For a victim it provides an opportunity to ensure the Board understands their point of view clearly. For the Board there is an opportunity to put questions to the victim that might assist the Board in both its assessment of risk in an offender’s case, and in deciding appropriate release conditions where an offender might be, or in some cases must be (by law), released from prison.
All victims
All victims are entitled to request the opportunity to make an oral submission to the Board about an offender’s case. When making such a request it is helpful to the Board if the victim can include a written submission about the information they have that would be relevant to the Board’s assessment of risk and concerns for their safety or the safety of others. This will assist the Board in deciding whether to grant the request to make an oral submission.
Registered victims
Registered victims have a right to provide an oral submission to the Board – they do not have to ask for the Board’s approval to do so. If you are a registered victim and would like to make an oral submission to the Board you should advise this in writing to the Board’s Administrative Support Service. The best time to do this is when you receive the letter telling you that an offender is due to be heard (usually 2-3 months before the hearing, but sometimes less).
A victim and an offender do not appear before the Board at the same time, without the agreement of both the victim and the offender, and the approval of the Board.
Each of the Board’s offices (in Auckland, Wellington and Christchurch) has video conference facilities. Use of the video conference facilities saves victims and Board members unnecessary travel. A victim may request that their hearing takes place by way of video conference – some victims have reported that they found it easier to make their oral submission in this manner.
Support people can be present when a victim meets with the panel. If the panel agrees, they can speak in support of the victim, or on their behalf. If there are special circumstances a victim can request that one of their support people represents them, meaning they meet with the panel instead of the victim and pass on the victim’s views.
If you are a victim arranging to have a Board hearing and wish to involve support people, write to the Board requesting permission, advising the names of those you wish to accompany you. When the Board has responded to your request, and the details are confirmed, tell your support people when and where you are meeting the panel. It is your responsibility to make sure you pass on the details of the hearing venue, date and time to your support people and lawyer.
The Board tries to keep the hearing process fairly informal.
Sometimes there are occasions when the Board needs to impose time limits on the hearing length.
The Board will complete a summary of the meeting which will be placed on the offender's file.