Writing a Submission
A written submission is information written down that someone wants to submit (give) to the Board to be considered when the Board is making a decision about an offender.
The Board has a form that can be filled in as a written submission, or the written submission can be a letter written to the Board, or a combination of both of these. The Written Submission form [pdf v1.4; 33kb] can be downloaded, or is available from the Board’s Regional offices. Registered victims are automatically sent a copy of the form before the offender’s hearing. Submissions can be continued on separate sheets of paper if there is not enough space on the form itself.
To assist the Board’s administration written submissions should be:
- typed or written clearly,
- ideally no more than 4 pages long
- kept to one side of the paper only, with the exception of the Board’s written submissions form.
Who can make a written submission?
Anyone can make a written submission to the Board about an offender’s case. The Board can consider any information that it has received about an offender’s case, but it is not required by law to do so unless the information comes from a registered victim.
Do victims have to make submissions?
No – it is the victim’s choice. Some victims choose to make a submission for every hearing for the offender, others choose to make just one or two submissions and ask the Board to use the same submission at every hearing. Some victims never make a submission at all. The choice for the amount of involvement a victim wishes to have in the Board’s decision making process is a personal one and unique in every case. The Board recognises this and attempts to provide as much flexibility in the process for receiving written submissions as it can.
When is the best time to send a submission?
The Board usually needs to receive a written submission about an offender at least 3 weeks before their hearing.
Victims who are registered on the Victim Notification Register - A victim who is registered on the Victim Notification Register will be sent a letter before the hearing of the offender who offended against them. The letter will advise the date by which the Board needs to have received written submissions from registered victims for the submission to be included in the information considered by the Board members at the hearing. There is usually plenty of time given for registered victims to prepare their submission, unless the offender’s hearing has had to be scheduled quickly.
All other victims - Any victim may write to or telephone one of the Board’s Regional offices to advise they wish to make a submission about the offender who offended against them and to find out the date when their submission needs to be received by the Board to be considered at the offender’s next hearing.
If the victim telephones one of the Board’s Regional offices they will be asked a number of questions. The questions are to find out whether the victim may be entitled to become a registered victim and therefore have additional rights.
The victim may be referred to a different Board Regional office depending on which office is dealing with the offender who offended against them.
What information should be in a written submission?
A written submission should include anything that the writer thinks the Board will find relevant. There are no restrictions on the type of information that should be included in a written submission, but it is important to remember that the primary role of the Board is to assess the risk an offender might pose to the safety of the community if released. The Board does not decide whether an offender has spent long enough in prison as any minimum term of imprisonment (non-parole period) will have been imposed by a Judge when the offender was sentenced – that is not for the Board to decide.
The following information offers some guidelines, with the relevant part of the Board’s form included for reference.
Information about risk to the community (part 3)
Part 3 of the form is where the writer should include their concerns about an offender's risk to the community as a whole. It should include any information they have about a risk the offender might pose to the safety of the community that they think the Board might not have and that the Board should know about.
It could also include any suggestions about how the offender can reduce their risk of re-offending. As an example, it might include a suggestion that they complete a particular rehabilitation programme.
The writer’s concerns about the offender being released (part 4)
Part 4 of the form is where the writer should include personal concerns for their own safety, or for the safety of specific individuals, should the offender be released (or if the offender must be released). The Board may be able to address their concerns by imposing special conditions with which the offender must comply on release.
Other information (part 5)
Part 5 of the form is where the writer can include any other information they want the Board to know about.
Victims who are registered on the Victim Notification Register
Victims who are registered on the Victim Notification Register are entitled to request information from the Department of Corrections about an offender (serving a long-term prison sentence) in order to help the victim prepare a submission to the Board. The victim should request the information as soon as they receive a letter from the Board advising them that the offender is due to have their case considered.
The information that the Department of Corrections can provide is:
- a list of any programmes attended and completed since the start of the offender’s sentence;
- the offender’s current security classification;
- any subsequent convictions since the offender began their sentence.
If you wish to receive this information, you must request this information from:
The Victims Information Manager
Department of Corrections
Private Box 1206
Wellington 6140
The law requires that the information that is sent to the victim is not to be used for any purpose other than to assist the victim in making their submissions to the Board.
Where should written submissions be sent to?
To the regional office that wrote advising of the offender's hearing. The address is on the front page of the letter advising the offender’s hearing date. The Board confirms receipt of all submissions in writing.
Are written submissions kept on file?
Yes. The Board keeps all information it receives on file and will refer to it when making decisions about the release of an offender.
Does the offender see victims’ and other people’s written submissions?
In most cases the offender reads, but cannot keep, a copy of victims’ submissions about their case, although with the victims’ contact details removed. The Board may withhold information in a submission from an offender if, in the opinion of the Board, it would endanger the safety of any person, or if it would prejudice the mental or physical health of the offender.
