Table of Contents Define Extortion Extortion Charges and Maximum Penalty...Read More
Parole refers to the period of a term of imprisonment that may be served in the community, subject to a person being released in accordance with the Crimes (Administration of Sentences) Act 1999 (NSW) (CASA). Parole’s meaning is to ensure that those sentenced to a term of imprisonment are re-integrated into the community and can continue rehabilitation, as they are still subject to the supervision of Corrective Services.
Those being granted parole will usually be notified as to whether you will be released no later than 21 days before you are eligible for parole. Parole decisions are made by the State Parole Authority (SPA). Once you receive parole, probation and parole of officers will be responsible to manage the person whilst in the community.
The non-parole period of a sentence refers to the minimum amount of time a person must spend in prison. The non-parole period may be:
A court may decline to set a non-parole period for reasons such as the nature and seriousness of the offences or because of any other penalty previously imposed.
Under section 46 of Crimes Sentencing and Procedure Act 1999 (NSW) (CPA) if you are sentenced to a prison sentence period of imprisonment of six (6) months or less, the full time must be served in prison. No parole will be granted.
Under section 44 of the CPA, if an individual is sentenced to a period of imprisonment greater than 6 months, the Court must set a non-parole period.
Under section 158(1) of the CASA if the sentence period is three (3) years or less, the offender is automatically released on parole at the end of the non-parole period.
Where an individual has been sentenced to a total term of imprisonment that is more than three (3) years, they will not be automatically released at the end of the non-parole period. Instead, the individual is eligible for release. A determination as to whether the offender will be released will be made by the SPA will usually be made in the three (3) months before the end of the non-parole period.
Ultimately, for an offender to be released on parole they must meet the requirements of parole applications pursuant to s 126 of CASA, namely:
Factors the SPA will take into consideration when granting parole applications include:
A pre-release report is prepared by Community Corrections, which is also taken into consideration. This document sets out recommendations for the release of the offender.
The standard parole conditions in NSW are set out under clause 214 the Crimes (Administration of Sentences) Regulation 2014, which are as follows:
Where the offender is subject to a supervision condition, as part of their parole conditions they may be subject to any number of stipulations set out in clause 214A, which are as follows:
Where a determination by the SPA has been made to refuse a parole application, under section 139 of CASA the SPA must:
All documents relied upon by the SPA in their determination to be relied upon must be provided to the offender.
Parole may be revoked before an offender’s release on parole, if the SPA is satisfied that:
Once an offender is released on parole and is managed in the community under supervision, their parole may be revoked and they are likely to be returned to prison if they breach any of their parole conditions. This is the most likely outcome when there are multiple breaches.
Parole is also likely to be revoked where the offender commits another criminal offence while on parole.