New Zealand Sentencing and Parole

Flashcards covering key vocabulary from a lecture on New Zealand sentencing and parole laws.

Parole

Application for release after serving 1/3 of the sentence; the board considers the risk to the public, rehabilitation efforts, and behaviour in prison.

Concurrent Sentence

Sentences served simultaneously if the crimes are of the same type.

Cumulative Sentence

Sentences served consecutively if the crimes are different.

Release after sentence of less than 2 years

Automatic release after serving half of the sentence; conditions may include curfew, monitoring, travel limitations, residence restrictions, exclusion zones, and non-contact orders.

Appeals Process

A series of challenges to a sentence. The first appeal is 'as of right,' while subsequent appeals require court hierarchy approval based on the interests of justice or manifest injustice.

Criminal Case Review Board

Application to this board possible after exhausting all appeals if a miscarriage of justice is believed to have occurred.

Compassionate Release

Release from prison due to severe illness or childbirth, dependent on crime severity and is very rare.

Aggravating and Mitigating Factors

Factors presented by both sides during sentencing to influence the judge.

s102 of Sentencing Act 2002

Section of the Sentencing Act 2002 allowing courts to set a minimum period of imprisonment for murder.

Minimum Period of Imprisonment (MPI)

The minimum time a person must spend in prison before being eligible for parole.

Imprisonment for Life

Sentence that must be given for murder unless manifestly unjust.

Manifestly Unjust

A high legal standard indicating extreme injustice; examples include age, mental impairment, suicide pacts, mercy killings, family violence.

Preventive Detention

A sentence imposed if the court believes the offender is likely to commit another sexual or violent offense after their prison term.

Extended Supervision Order (ESO)

Order for release with conditions.

Public Protection Order (PPO)

An order that means someone is a high risk to the community.

Three Strikes Law

A law imposing harsh, mandatory sentences for repeat offenders.

NZBORA Limitations

NZBORA rights are subject to reasonable limitations.