When someone is sentenced to prison in New South Wales, their sentence is usually divided into two parts: a non-parole period and a parole period. Understanding the difference between these is critical, as it determines when a person may be released and what happens after they leave custody.
What is a non-parole period?
The non-parole period is the minimum time a person must spend in prison before they can be released. It is a guidepost or reference point when determining the length of time an offender must spend in custody before becoming eligible for release to serve the rest of the sentence in the community.
As a general rule:
- The sentencing judge sets it,
- It represents the earliest possible release date, and
- The offender cannot be released before this period expires.
The court is required to set a non-parole period equal to at least three-quarters of the total sentence, unless there are special circumstances that justify setting a shorter non-parole period.
What is the parole period?
The parole period is the portion of the sentence served in the community after release from prison. During this time:
- The person is still serving their sentence,
- A Community Correction Officer supervises them, and
- Must follow strict conditions.
Parole provides a structured pathway from prison back into everyday life, rather than an abrupt release at the end of the sentence. It is designed to help offenders transition back into society and reduce reoffending.
How does the NSW Parole Authority consider parole?
An order directing the offender’s release cannot be made unless it is in the interests of community safety. Â The NSW Parole Authority will assess:
- The risk to the safety of members of the community,
- Whether releasing the offender on parole would reasonably reduce or manage the risk that they might commit more crimes,
- The risk to community safety of releasing the offender at the end of the sentence without a period of supervised parole or later with a shorter period of supervised parole,
- The nature and circumstances of the offence to which it relates to,
- Any relevant comments made by the sentencing court,
- The offender’s criminal history,
- The likely effect on any victims, and on any such victim’s family,
- Any report in relation to the granting of parole that a community corrections officer has prepared, review council or any other authority of the state.
In exceptional circumstances, the Parole Authority must not make a parole order for a serious offender unless the Review Council advises it is appropriate.
What happens when someone is released on parole?
When someone is released on parole, they are subject to strict conditions. The standard parole conditions are:
- Being of good behaviour
- Not committing any offences
- Adapting to normal lawful community life
- Reporting to a community corrections officer
- Complying with all reasonable directions from a community corrections officer
- Permitting a community corrections officer to visit you where you live at any time
- Notify a community corrections officer if you change your address, contact details pr employment.
- Not leaving NSW without the permission of a community corrections manager
- Not leaving Australia without the permission of the State Parole Authority
There are also additional conditions that could be imposed on you by the State Parole Authority. These include:
- Electronic monitoring
- Prohibiting the use of alcohol and illegal drugs
- Attending alcohol or drug programs or counselling
- Prohibiting gambling
- Completing residential rehabilitation
- Prohibiting the possession or use of firearms or prohibited weapons
- Prohibiting contact or communication with the victim or their family
- Prohibiting you from frequenting or visiting a specific place.
What happens if parole conditions are breached?
For minor breaches of parole, the community correction officer has legislative power to take the following actions:
- Give reasonable directions.
- Record the breach and take no action.
- Provide an informal warning.
- Provide a formal warning and note that any further breaches will be reported to the State Parole Authority.
- Impose a curfew for up to 12 hours.
For more serious situations or breaches, the community corrections officer notifies the Parole Authority. They submit a breach report.
The State Parole Authority can:
- Revoke the parole order by issuing a warrant for the offender’s arrest, meaning the offender would return to custody.
- Issue a formal warning,
- Provide additional conditions,
- Impose a home detention for up to 30 days,
- Take no action and note the report.
The State Parole Authority will decide depending on the nature and severity of the breach.
I have been refused parole: Can I appeal?
Yes, there is a process in appealing a refusal to grant parole. However, this process is time-consuming, and you should obtain legal advice before you apply.
If you are refused parole or believe that the State Parole Authority used false, misleading, or irrelevant decisions in their determination, you can apply to the Supreme Court of NSW for an order to be issued to the State Parole Authority. If successful, the Supreme Court will direct the State Parole Authority to rehear your parole matter.
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