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30 Cards in this Set
- Front
- Back
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Pre-sentence reports - what types are there
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- called a PAC - provision of advice for court - provide immediate advice and info for sentencing, may include sentence conditions which aim to protect community and address offenders rehab needs. - help to decide about remand - provide reparation reports on how offender can make amends to victim, include value of loss, is offender prepared to make amends |
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PAC report goes to who
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court offender offenders lawyer prosecution lawyer judge consider report |
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About remand
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offender held before trial or sentencing at police cells/court cells/psychiatric facilities or in prison time on remand is taken off a persons sentence remand could benefit from their time in prison - learning skills, parenting, money mgmt, living skills finding employment |
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Beginning of court process
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appear in court and enter plea (guilty/not) if not guilty - case is adjourned so judge can hear all evidence if charge proved beyond all reasonable doubt or they plead guilty then judge sentences |
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Court - types of court
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less serious charge judge hear it alone more serious heard before a judge and jury criminal cases heard in district court serious criminal cases (murder) heard in high court appeals are heard in higher court than one originally heard in supreme court is the final court of appeal and binding on all other courts |
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Youth court
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if serious referred to district/high court so they can be sentenced as an adult Child youth and family also work with young offenders |
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Types of sentence
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7 types = prison, preventive detention, home detention, community detention, supervision, intensive supervision and community work
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Types of orders
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4 types = parole, extended supervision, released on conditions, post detention conditions |
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Hierarchy of sentence - Highest A
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prison - incarceration = highest - upon release you would have one of the following - extended supervision, life parole, parole with and without residential restrictions (RR) - release on conditions |
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RR
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residential restrictions |
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ROC
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release on conditions |
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Hierarchy of sentence - Highest B
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Home detention (HD) is the highest community option, and will have post-detention conditions
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Hierarchy of sentence - High C
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or intensive supervision these are the enhanced standard community options |
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Hierarchy of sentence- Medium D
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supervision these are the standard community options |
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Hierarchy of sentence - Low E
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reparation orders these are low severity community options |
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Hierarchy of sentence - the lowest F
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convict: discharge but come up if called punishment - restriction of freedom/payment of debt rehabilitation - basic living skills /basic work-related skills |
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Electronic Monitoring on Bail (EM Bail)
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available for all suitable defendants, who would otherwise be held in custody while waiting for court hearing - they are considered innocent until found guilty at a trail |
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Conditions that come with EM Bail
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working at approved place of employ/education not associating with certain people not moving to a new residential address unless approved not consuming alcohol or drugs |
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EM Bail - who is a 'relevant occupant'
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any person, 16yrs and over, who is going to be living at the same address as the offender/defendant if they are given an EM sentence or order
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What are the conditions that the occupants must agree with for EM
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not to move or damage the equipment to give Field officer access to maintain equip give Police and Corrections staff access sign he Occupants Consent Form |
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what happens if there are children living at a proposed EM address
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Probation make enquiries with Child Youth and Family for anyone 16yrs and under |
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pressures on occupants living with someone on EM
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offender can't might not be able to bring in an income lack of general freedom of movement/social contact lack of privacy with random visits by Police and Field officers |
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Standard Conditions (SD) who imposes these
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Standard conditions are imposed on all sentences and orders managed by corrections, the nz parole board can also impose standard conditions as part of parole |
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What are the Standard conditions that apply to all offenders
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can include reporting regularly to community probation restriction on living and working arrangements restrictions of associating with certain people limitations on the offenders ability to move to a new residential address |
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Standard conditions - what does the probation officer have authority to tell the offender
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not to engage in specific employ not to associate with specific person, persons or class of persons to take part in a needs assessment |
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what are the lengths of standard conditions
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generally SC will apply for the length of a sentence or order |
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Standard conditions on Parole
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Offenders on Parole - can have standard conditions imposed 2 ways 1. standard conditions imposed for 6 months only if they have a specific release date from prison 2. for a sentence of indeterminate term (e.g. life imprisonment) or preventive detention, standard conditions exist for the rest of the offenders life |
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Special conditions - who imposes these
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the courts and Nz parole board may impose special conditions for all sentences and orders - except for community work and imprisonment |
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What are special conditions designed to do
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help rehabilitation help reintegration of the offender provide for reasonable concerns from the victim |
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What special conditions are there to impose on an offender
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attend an assessment and complete various rehab progs not to associate with specified person/persons/groups take prescribed medicine prohibit enerting or remaining in a specified place or area impose EM can be imposed for as long as the standard conditions |
