Parole Act 2002

  • not the latest version
  • This version was replaced on 25 September 2017 to make a correction to section 16C(1)(c) under section 25(1)(j)(iii) of the Legislation Act 2012.
49 Hearings

(1)

A hearing must be run in the manner of an inquiry, and in an atmosphere that encourages persons appearing before the Board to speak for themselves, and as freely and frankly as possible.

(2)

Within that context, the Board may conduct the hearing as it thinks appropriate and, subject to this section, has the following powers:

(a)

to determine who may attend:

(b)

to determine who may speak:

(c)

to impose limits on what a person may talk about and for how long:

(d)

to require any person to leave the hearing, either temporarily or for the remainder of the hearing:

(e)

to adjourn the hearing.

(3)

The offender who is being considered is entitled to—

(a)

appear and make oral submissions to the Board; and

(b)

attend while any other person is making submissions, provided that the offender may not be present at the hearing when any victim is present unless the victim, the offender, and the Board agree; and

(c)

with the leave of the Board, be represented by counsel; and

(d)

be accompanied by 1 or more support persons (subject to any limitation on numbers imposed by the Board) who may, with leave of the Board, speak in support of the offender.

(4)

Every victim of the offender is entitled to—

(a)

appear and make oral submissions to the Board for the purpose of assisting the Board to reach a decision; and

(b)

with the leave of the Board, be represented by counsel; and

(c)

be accompanied by 1 or more support persons (subject to any limitation on numbers imposed by the Board), who may, with the leave of the Board,—

(i)

speak in support of the victim; and

(ii)

with the permission of the victim, speak on behalf of the victim.

Compare: 1985 No 120 ss 106A, 107

Section 49 heading: replaced, on 2 September 2015, by section 19(1) of the Parole Amendment Act 2015 (2015 No 4).

Section 49(1): amended, on 2 September 2015, by section 19(2) of the Parole Amendment Act 2015 (2015 No 4).

Section 49(2)(a): replaced, on 2 September 2015, by section 19(3) of the Parole Amendment Act 2015 (2015 No 4).