Parole Act 2002

If you need more information about this Act, please contact the administering agency: Department of Corrections and Ministry of Justice
107H Hearings relating to extended supervision orders

(1)

In this section, hearing means any hearing before a sentencing court or the Court of Appeal that relates to any of the following:

(a)

an application for an extended supervision order:

(b)

an application for cancellation of an extended supervision order:

(c)
[Repealed]

(d)

an appeal under section 107R.

(2)

At any hearing, the court may receive and take into account any evidence or information that it thinks fit for the purpose of determining the application or appeal, whether or not it would be admissible in a court of law.

(3)

At any hearing, the court is entitled to take into account the fact that an offender refused to co-operate with the preparation of the health assessor’s report required under section 107F(2), but it must also take into account any reasons the offender gives for refusal to co-operate with the preparation of the health assessor’s report.

(4)

When any hearing is to be held, the chief executive must notify every victim of the offender concerned about the hearing.

(5)

A victim may make written submissions to the court and, with the leave of the court, may appear and make oral submissions at the hearing.

(6)

The court must provide a copy of every order made at or following any hearing, along with the reasons for the order, to the offender concerned, the chief executive, and the Police.

(6A)

For the purposes of this section, a court may direct that the offender concerned be detained in the custody of the court for a period, not exceeding 2 hours, that may be necessary to enable the order to be drawn up and a copy given to the offender.

(7)

The chief executive must notify every victim of the offender concerned of the outcome of every hearing.

Section 107H: inserted, on 7 July 2004, by section 11 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).

Section 107H(1)(c): repealed, on 12 December 2014, by section 14 of the Parole (Extended Supervision Orders) Amendment Act 2014 (2014 No 69).

Section 107H(6A): inserted, on 1 October 2007, by section 59 of the Parole Amendment Act 2007 (2007 No 28).