In the ACT, when a court sentences an offender to imprisonment for a term of more than 12 months, it must set a non-parole period unless doing so is inappropriate. When a prisoner reaches the end of their non-parole period, they may apply to the Sentence Administration Board for parole. This page deals with applying for parole in the ACT.
Legislation
In the ACT, decisions about parole are made under the Crimes (Sentence Administration) Act 2005 and the (Crimes (Sentence Administration) Regulation 2006.
What is parole?
Parole is the conditional release of a prisoner before the end of their sentence. The prisoner agrees to abide by conditions and to submit to supervision by the Department of Corrections. If the conditions of parole are breached, the prisoner may be required to return to prison and serve out the rest of their sentence as full-time imprisonment.
Rationale for parole
Parole exists to provide offenders with the opportunity to start reintegrating into the community before the end of their sentence in situations where this is appropriate. Prisoners who are released on parole are subject to strict conditions and supervision in order to ensure ongoing protection to the community.
Non-parole periods
When a person is sentenced to a term of imprisonment with a non-parole period, they will be held in a custodial facility for the first part of their sentence. If the person is an adult, they will be detained in prison. If they are a juvenile, they will be detained in the Bimberi Youth Justice Centre.
When the date of a prisoner’s non-parole period is approaching, they may apply for parole. If the Sentence Administration Board grants parole, the person may serve the rest of their sentence living in the community under strict conditions.
Parole orders
A person will only be granted parole if the Board considers that this is appropriate in the circumstances having regard to the public interest. The court must also consider a range of other factors including the offender’s criminal history and bail history, the likely effect of a parole order on any victims, the offender’s behaviour and participation in activities while in prison, the likelihood that they will commit further offences if paroled, the likelihood they will comply with conditions and whether being granted parole is likely to assist them to adjust to living in the community.
Decisions about parole
When a person applies to the Board for parole, it must contact the victims to seek their views, and to give them the opportunity to put forward any concerns they have about the person receiving parole.
The Board may decide to grant or refuse parole without holding a hearing.
If the Board considers that a hearing needs to be held, it must inform the offender, the Director of Public Prosecutions and the Director-General of Corrections. If the offender does not make a submission to the parole hearing, parole will be refused.
Parole conditions
If parole is granted, the following conditions will apply:
- Not to commit an offence punishable by imprisonment
- To inform the Director-General within two days if they are charged with a criminal offence
- Not to change their contact details without the Director-General’s approval
- To comply with directions in relation to their parole – for example, to take part in alcohol or drug testing
- To appear before the Board as required.
Completion of sentence
If a person reaches the end of their parole without the parole order being cancelled, their sentence is served and they are discharged from their imprisonment.
Breaches
If a person who is on a parole order contravenes the conditions of the order, the Board may:
- give the person a warning
- take no action
- provide the Director-General with directions as to their supervision
- cancel the order.
A parole order will automatically be cancelled if the offender is found guilty of another offence punishable by imprisonment while on parole. They will then be returned to prison to serve the rest of their sentence. The time they have spent on parole in the community will not be taken into account. They will be required to serve the portion of their term that remained when they were granted parole.
If you require legal advice or representation in any legal matter, please contact Taylor Rose.
