Expert Commonwealth Parole Lawyers in Sydney

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.

• Be of good behaviour in custody – good case notes will help you.
• Participate and complete programs – if no programs are available, keep handwritten notes of your attempts to enrol for the course and any other documents such as waiting lists or cancelation lists.
• Talk to your family members for accommodation upon release and work – ask your family for assistance to obtain a letter from a place of employment to confirm you would be offered employment upon release. 

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:

• The nature and seriousness of the offense: The Board will consider the type of offense the offender has been convicted of, as well as the circumstances surrounding the offense.
• The offender’s criminal history: The Board will consider the offender’s criminal history, including any prior convictions and their behaviour while on parole or probation.
• The offender’s behaviour while in prison: The Board will consider the offender’s behaviour while in prison, including their participation in rehabilitation programs, their conduct, and any disciplinary actions taken against them.
• The offender’s prospects for rehabilitation: The Board will consider the offender’s prospects for rehabilitation, including any evidence of remorse, their willingness to participate in rehabilitation programs, and their plans for their post-release life.

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.