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Commonwealth Parole in Australia is a type of conditional release from prison that is granted to offenders who have been convicted of federal offenses. It is an administrative mechanism that allows eligible offenders to serve the remainder of their sentences in the community under the supervision of a parole officer.
Offenders who are at risk of parole refusal will receive a ‘Notice of Likely Refusal of Parole’ or an ‘Adverse Comments Letter’ from the Commonwealth Parole Office. They will be asked to respond to this letter, but the time given to do so may be limited (sometimes as little as 2 days). The letter will be sent to the Parole Unit or the SAPO at the correctional facility, where the offender may be required to provide a written response on the spot with pen and paper.
Commonwealth Parole is a form of parole that applies to offenders who have been sentenced to a term of imprisonment for a federal offense. This includes offenses such as drug trafficking, fraud, and immigration-related offenses. Commonwealth Parole is administered by the Commonwealth Parole Board, which is responsible for making decisions about the release and supervision of federal offenders.
To be eligible for Commonwealth Parole, an offender must have served a minimum of one-third of their sentence, or 10 years if they have been sentenced to life imprisonment. The Commonwealth Parole Board will consider a range of factors when deciding whether to grant parole, including the nature and seriousness of the offense, the offender’s criminal history, their behaviour while in prison, and their prospects for rehabilitation.
Some of the most common reasons relied upon to refuse you parole are, poor behaviour in prison, lack of insight into your offending, lack of participation in rehabilitation programs, lack of post release plan such as accommodation and community support.
Section 19AL stipulates that the Attorney General is required to decide whether an offender should be released on parole or not, prior to the completion of their non-parole period. If the Attorney General decides not to grant parole, the offender must be provided with written notice of the refusal within 14 days, along with a statement explaining the reasons for the decision. This decision must be reviewed within 12 months.
Section 19ALA outlines the factors that may be taken into account when making a decision about a parole order. These factors include the risk posed to the community by the offender’s release on parole, their conduct while serving their sentence, their completion of any court-ordered or recommended corrective programs, the potential impact on the victim or their family, the nature and circumstances of the offense, any comments made by the sentencing court, the offender’s criminal history, any pre-release reports from Corrective Services, their behaviour under previous parole orders, the likelihood of their compliance with the conditions of parole, the potential for successful reintegration into the community, whether the length of the parole period is adequate to achieve the goals of parole, and any special circumstances, including the likelihood of removal or deportation upon release.
Months or even weeks before the end of your non parole period, the parole unit or community corrections office at your prison will interview you to prepare a “pre-release report”. This report plays an important role in the determination of your release, however even if the report recommends your release, commonwealth parole can still refuse parole.
Here is a non-exhaustive list of things you can do to assist and prepare for a response to the adverse letter.
The Commonwealth Parole Board takes a holistic approach when considering an offender’s eligibility for parole. The Board will consider a range of factors, including:
In addition to these factors, the Board will also consider any other relevant information that may impact the offender’s suitability for release on parole. This may include information from victims or their families, medical or psychological reports, and the views of the offender’s parole officer or other relevant professionals.
If you have received an adverse letter from the parole authority, you should immediately seek legal advice from a commonwealth parole lawyer at Lyons Law Group. Contact us immediately.
If the police have charged you or a loved one, you must attend court. Appearing in court for a criminal charge is usually daunting. Let us help you make the process easier. Here are 10 reasons to choose our team of criminal lawyers from Lyons Law Group;
Result-focused criminal lawyers
Our team will work to achieve the best result for you in the shortest time possible. However, we do aim to provide quality over quantity service to you. Our criminal lawyers appear in all criminal and traffic matters, including trials, sentencing, bail applications, and apprehended violence orders. We are a result-focused firm of lawyers.
At Lyons Law, we do not make any unrealistic promises for results. You will be advised on the most realistic results achievable in your case, including acquittals of all charges against you. Nevertheless, you can be sure that our team will work extremely hard to achieve the best possible outcome for you.
Proven Track Record
Our experienced defence lawyers are passionate about representing their clients and achieving the best outcome. Lyons Law is a team of solicitors who are dedicated, and with our support staff, you can be confident of the highest quality of legal representation. We have an exceptional track record of results. We provide our outstanding client service at an affordable rate for our clients.
We always let our clients know how much their cases will cost from the beginning. This makes it easier for them to decide whether or not they want to proceed with the case. Not only do we offer fixed fees for many types of criminal cases and services, but also free first phone consultations. In addition, our firm offers fixed fees applicable to a wide range of Local Court cases such as drink driving, fraud, drug possession, assault, and AVOs.
Free First Conference
For all of those individuals who are going to court, we offer a free first 15-minute phone conference with one of our senior criminal defence lawyer. It is best you email our office all your relevant documents before a conference so criminal lawyers can provide the best advice within that time frame.
Highly experienced criminal defence lawyer
Lyons Law Group is a highly experienced team of criminal lawyers. Our team is led by Mohammad Khan, who is one of the best criminal lawyers in Sydney. He has represented clients in some of Australia’s most high-profile cases and was under the direct tutelage of Australia’s leading criminal lawyer Adam Houda.
Moreover, our team has worked and successfully represented clients on highly complex trials and sentences in NSW.
Work closely with Australia’s leading criminal law barrister
We work closely with some of Australia’s leading criminal law barristers. Barristers are usually instructed in more serious matters, and their experience and input can be invaluable to your case. The barristers we regularly instruct range from Queen’s counsels, Senior counsels and highly experienced junior-senior counsels.
Specialist for District and Supreme Court trials
Our team of sydney criminal lawyers have worked on numerous District and Supreme Court trials in NSW. We have worked on extremely complex criminal law trials that require impeccable preparation and understanding of the law.
Specialist for bail applications in NSW
Lyons Law Group is a highly experienced team of bail lawyers. We have regularly obtained bail for clients for extremely serious charges that carry life sentences. For types of charges, bail is usually denied by a Court.
In house Experts
Our criminal lawyers have in-house investigators with decades of law enforcement experience and assist our team with process service, background checks, integrity testing, investigations, surveillance, and bug detection.
For the preparation of jury trials and defended hearings, these services can be utilised on behalf of our client to achieve the best result.
Appearance at all Courts in NSW
From Broken Hill to Waverly, our criminal lawyers appear in all courts throughout New South Wales.