Decision could free hundreds of inmates

A Court of Appeal ruling that the Parole Board has been making decisions on the wrong legal basis could open the floodgates to other prisoners seeking parole, rehearings, or compensation, says Christchurch lawyer Michael Starling.

Yesterday's court decision centred on whether the board could refuse parole or home detention for reasons of general deterrence to send a message to the community about the likely consequences of offending.

In what it said was a "closely balanced" decision, the court said the board's paramount concern with community safety did not allow it to take into account considerations of general deterrence.

Mr Starling, who took the case to the court, told the Dominion Post hundreds of prisoners could be affected.

As well as wanting their freedom, some could also sue for damages for being held in prison too long, he said.

It was likely that quite a few people had spent a year or two longer in prison than they should have.

The board's spokeswoman told the newspaper the decision clarified an uncertain area and would help the board in future.

It would be up to individual offenders to seek an early rehearing if they think they were refused parole or home detention for reasons of general deterrence.

- NZPA