Dated at Wellington this 15th day of July 1997.
for Minister of Justice.
This note is not part of the notice, but is intended to indicate its general effect.
This notice, which comes into force on 1 August 1997, designates a class of offenders who must be considered for parole.
The designated class covers offenders who spent time in custody while on remand and were, during the period 1 August 1987 to 31 August 1993, sentenced to life imprisonment or preventive detention. During that period, section 81 of the Criminal Justice Act 1985 (as substituted by section 8 of the Criminal Justice Amendment Act (No 3) 1987) provided that time spent in custody while on remand had to be taken into account by the sentencing Judge in fixing the term of the sentence. In the case of persons sentenced to life imprisonment or preventive detention, no credit could be given for time spent in custody while on remand because a fixed-term sentence was not imposed. In its original form, however, section 81 provided for such time to be taken into account for the purposes of determining parole eligibility dates. The effect of that provision was reinstated by the present section 81 (as substituted by section 40 of the Criminal Justice Amendment Act 1993) which came into force on 1 September 1993.
The notice also applies to offenders who received a substituted indeterminate sentence or were subject to a retrial and as a result received an indeterminate sentence, but were, by virtue of section 40(2) of the Criminal Justice Amendment Act 1993, subject to the version of section 81 that applied during the period 1 August 1987 to 31 August 1993.
The effect of this notice is to require the Parole Board to consider for parole offenders who belong to the class specified in clause 2(1) and to put them in the same position as offenders sentenced to an indeterminate sentence on or after 1 September 1993.