Pursuant to section 25 (3) of the Parole Act 2002,
I hereby designate the following class of offenders for
early consideration by the board, namely any offender sentenced to preventive detention under the Criminal
Justice Act 1985, if:
(a) the Court has indicated a notional finite sentence of less than 10 years' imprisonment would have applied if the offender had not been sentenced to preventive detention; and
(b) the offender has served a period of imprisonment of not less than the full term of the notional finite sentence; and
(c) the offender makes an application for early consideration for parole.
Definitions
"Notional finite sentence" means in relation to an offender sentenced to preventive detention:
(a) Any period indicated in a judgement of the Court
of Appeal as the finite term of imprisonment which would have applied if a sentence of preventive detention had not been imposed on the offender.
(b) Where the Court of Appeal has not indicated the finite term that would have applied if the offender had not been sentenced to preventive detention, any period indicated in the sentencing notes of the High Court as the finite term of imprisonment which would have applied if a sentence of preventive detention had not been imposed on the offender;
"the Court" means the Court of Appeal if that Court has indicated a notional finite sentence and in any other case the High Court.
Dated at Wellington this 9th day of February 2004.
PHIL GOFF, Minister of Justice.