In Queensland, prisoners who have been sentenced to terms of imprisonment or detention that include a non-parole period may be released on parole. Parole can be court-ordered or board-ordered. This page deals with applying for parole in Queensland.
Legislation
Parole in Queensland is governed by the Penalties and Sentences Act 1992 and the Corrective Services Act 2006.
What is parole?
Parole is the conditional release of a person from prison or detention subject to supervision by the Department of Corrections before their sentence has been fully served.
A person who is on parole is continuing to serve their sentence while living in the community.
If a person breaches the terms of their parole, they may be returned to prison to serve the remainder of their sentence.
Court-ordered parole
Most offenders who are sentenced to a term of imprisonment of less than three years in Queensland have a parole release date set by the court. This is a fixed date for release. These prisoners do not need to apply to the parole board for release. Offenders who are sentenced for sexual offences and serious violence offences will not be given a parole release date.
Board-ordered parole
A person who is sentenced to a term of imprisonment or detention with a parole eligibility date may apply to the Queensland Parole Board for release when that date is approaching. This application may be made within 180 days of the parole eligibility date.
The Queensland Parole Board decides whether or not to grant parole to a person after considering a number of factors as well as submissions from prosecutions, the applicant, and other parties such as victims.
A person may be granted parole by the Parole Board before their parole eligibility date if they can show the existence of exceptional circumstances.
Minimum non-parole periods
In Queensland, offenders who have been found guilty of serious violence offences must serve 80 per cent of their sentence or 15 years (whichever is less) before they will be eligible for release on parole. A person sentenced to imprisonment for life must serve a minimum of 15 years before they become eligible for release. This term increases to 20 years if the person was sentenced for multiple counts of murder.
Applying to the parole board
The parole board is responsible for deciding whether or not to release a person on the role and for setting the terms of parole. When deciding whether to release a person must have community safety is its highest priority.
When a person applies for parole, the Board will consider the following:
- Their criminal history and offending pattern
- Any factors that are likely to increase the risks they present to the community
- The nature of the offending
- The court’s comments upon sentencing
- Any medical psychiatric or psychological assessment report for the offender
- Their behaviour while in prison
- The access to community support and services the prisoner will have if they are released
- The accommodation that is proposed
- Their progress and compliance with programs while in prison
Review of parole decisions
If a person is unhappy with the parole decision, they may seek judicial review from the Queensland Supreme Court. Judicial review is limited to considering the legality of the decision.
No body, no parole
In Queensland the parole board must refuse parole to a person who is serving a sentence for homicide if the victim’s body has not been found unless the board is satisfied that the offender cooperated with police in attempting to locate the body.
Conditions
There are standard conditions that are attached to every parole order. These are that the person must not commit an offence, the person must submit to drug testing is required, that the person must report to corrective services is required, the person must follow the directions of corrected services and that they must notify corrective services of any change to their address or employment.
Additional conditions may be imposed on a person’s parole depending on their individual circumstances. These may include that the person must wear an electronic tracking device, must abide by a curfew, or must comply with medical or psychiatric treatments.
Breaches
There are several courses of action the Board may take when a person fails to comply with the conditions of their parole.
The Board may suspend parole immediately, meaning the person will be returned to prison and asked to ‘show cause’ why their parole should not be revoked. The board will then consider the prisoner’s response and may lift the suspension, amend the parole order, or cancel the order.
If a person breaches their parole by committing another offence and is sentenced to imprisonment for that offence, their parole will automatically be cancelled. If the sentence for the new offence is wholly suspended, or is an intensive corrections order, parole will not be automatically cancelled but the new sentence will be considered when deciding whether to cancel parole.
If you require legal advice or representation in any legal matter please contact Taylor Rose.
