128AConditions of parole as to non-association and place restriction

128A Conditions of parole as to non-association and place restriction

128A Conditions of parole as to non-association and place restriction

(1) The conditions to which a parole order is subject may include either or both of the following—

(a) provisions prohibiting or restricting the offender from associating with a specified person,

(b) provisions prohibiting or restricting the offender from frequenting or visiting a specified place or district.

(2) A condition referred to in subsection (1) (a) or (b) is suspended—

(a) while the offender is in lawful custody (otherwise than while unescorted as referred to in section 38 (2) (a)), and

(b) while the offender is under the immediate supervision of a person employed in the Department of Justice pursuant to a condition of leave imposed under section 24 of the Children (Detention Centres) Act 1987.

(3) An offender does not contravene a prohibition or restriction as to his or her association with a specified person—

(a) if the offender does so in compliance with an order of a court, or

(b) if, having associated with the person unintentionally, the offender immediately terminates the association.

(4) An offender does not contravene a requirement not to frequent or visit a specified place or district if the offender does so in compliance with an order of a court.

(5) In this section, associate with means—

(a) to be in company with, or

(b) to communicate with by any means (including post, facsimile, telephone and email).

s 128A: Ins 2001 No 100, Sch 2.2 [2]. Am 2015 No 15, Sch 3.16 [5].