Parole Act 2002

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70 Powers of court on appeal

(1)

On an appeal against a postponement order or an order under section 107 the court may—

(a)

confirm, quash, or amend the order; or

(b)

refer the matter back to the Board with a direction to reconsider and decide the matter, in which case it must—

(i)

advise the Board of its reasons for doing so; and

(ii)

give the Board any directions that it thinks just concerning any aspect of the reconsideration.

(2)

On an appeal against a final recall order, the court may—

(a)

confirm the order; or

(b)

quash the order and, unless the offender is liable to be detained under this or any other enactment,—

(i)

direct the release of the offender from custody; or

(ii)

direct the release of the offender on standard release conditions (in which case the conditions are deemed to have been imposed by the Board), and refer the offender to the Board for consideration of whether to impose any special conditions; or

(c)

refer the matter back to the Board with a direction to reconsider and decide the matter, in which case it must—

(i)

advise the Board of its reasons for doing so; and

(ii)

give the Board any directions that it thinks just concerning any aspect of the reconsideration.

Compare: 1985 No 120 s 107M(4), (8)

Section 70(2)(b)(ii): amended, on 1 October 2007, by section 44 of the Parole Amendment Act 2007 (2007 No 28).