Criminal Justice - Sentencing and Parole

Vocabulary flashcards for key terms and concepts related to sentencing, parole, and related legal aspects in the criminal justice system.

Tough on Crime Approach

A political approach focusing on increased penalties and reduced judicial discretion in sentencing, often associated with policies like lockdowns.

Sentencing Act vs. NZBORA

If the Sentencing Act goes against the New Zealand Bill of Rights Act, the Sentencing Act overrides NZBORA due to weak protection, not supreme law.

Declaration of Inconsistency

A court informs parliament of inconsistencies between a law and NZBORA, but parliament can ignore it.

Retrial Restrictions

Once a sentence is served, the matter is closed, and a retrial is not permitted; the sentence must be based on the law at the time of the crime (unless the new law lessens the sentence).

Breach of Bill of Rights

A defendant may claim a breach of their rights; the Crown responds, potentially arguing that the inconsistency is a reasonable limitation due to sentencing policy advancements.

Concurrent Sentence

Sentences served at the same time; for example, three 3-year offences served concurrently result in only 3 years in prison.

Cumulative Sentence

Sentences served consecutively, added together; if events are separate, sentences are often cumulative.

Compassionate Release

Early release application to the Parole Board based on circumstances like recently giving birth or serious, irrecoverable illness.

Parole Eligibility

A person serving over two years can apply for parole after serving one-third of a determinate sentence or the minimum period for an indeterminate sentence.

Parole Board

The entity that makes decisions on parole, not a judge.

Paramount Consideration for Parole Board

The safety of the community is the most important concern when making decisions about releasing an offender.

Subsequent Parole Hearings

If parole is declined, subsequent hearings must occur at least once every 2 years.

Short-Term Sentence (NZ)

A determinate sentence of 24 months or less imposed on or after the commencement date of specific legislation.

Release Date of Short-Term Sentence

The date when the offender has served half of the short-term sentence.

Conditions Following Release Date

For sentences of 12 months or less, the court may impose standard and special conditions; for 12-24 months, the court must impose standard conditions.

Expiry of Conditions

Conditions must expire on the same day, up to 6 months after the full sentence expiry date.

Breach of Condition Offence

It is an offence to breach a condition, punishable by 1 year imprisonment or a fine of $2000.