Parole Act 2002

Subpart 2—Release

General provisions

6 Overview of release

(1)

This section is intended to give a broad overview of how and when offenders are released from detention. It does not confer rights or impose obligations and, if there is an inconsistency between this section and any other, the other section prevails.

(2)

Unless an offender has been released earlier under this Part, he or she must be released from detention on his or her statutory release date, and after that is no longer subject to recall. However, offenders may be subject to release conditions after their statutory release date.

(3)

This subpart provides for 2 types of early release from a prison—

(a)

parole:

(b)

compassionate release.

(4)

Parole has the following characteristics:

(a)

it is available only to an offender who is subject to a long-term sentence:

(b)

it is granted by the Board, which also imposes release conditions:

(c)

an offender on parole from a determinate sentence is subject to recall at any time until his or her statutory release date:

(d)

an offender on parole from an indeterminate sentence is subject to recall for life.

(5)

[Repealed]

(6)

Compassionate release has the following characteristics:

(a)

it may be granted by the Board in either of 2 specific circumstances:

(b)

the Board may impose release conditions, and may recall the offender.

Section 6(3): substituted, on 1 October 2007, by section 5(1) of the Parole Amendment Act 2007 (2007 No 28).

Section 6(5): repealed, on 1 October 2007, by section 5(2) of the Parole Amendment Act 2007 (2007 No 28).