3 Jun 2020
COLEMAN v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2020] NZCA 210 [2 June 2020]
- Citation
- [2020] NZCA 210
- Court
- Court of Appeal
Where an offender is required by lawful ISUP/ISO conditions to remain at an approved address during a curfew and to participate in an approved reintegration programme, those requirements can amount to detention for habeas corpus purposes but are lawful if authorised by the sentence and programme; challenges to the sufficiency, structure or administration of the programme are matters for judicial review, not an application for habeas corpus; if a person were prevented from leaving during periods when no curfew or programme applied, that would be unlawful, but no such unlawful detention was est…