Parole is one of the most misunderstood features of the criminal justice system, often mistaken as a “reward” for prisoner good behaviour or as an automatic process once a minimum term of imprisonment has passed.
The goal of parole is to facilitate the reintegration of prisoners into the community through strict supervision. Whether parole is granted to a prisoner depends on a variety of factors, including the offence they were convicted of, their ongoing risk to the community and whether goals of rehabilitation can be achieved.
The following outlines what parole is, the role of the Prisoners Review Board of Western Australia, and common parole conditions.
What is Parole?
Parole is a form of conditional release of a prisoner into the community in order to serve the remainder of their sentence.
A prisoner will only be eligible for parole after their non-parole period has passed. A non-parole period is the minimum time the offender must serve before becoming eligible for parole. It is not the date of automatic release. It is the date from which the offender may be considered for release under supervision.
It is important to note that parole is not an entitlement. The fixing of a non-parole period merely creates eligibility for consideration.
If parole is refused, the prisoner remains in custody. In some cases, they may serve the full term and be released at the expiry of the sentence.
Who Decides Parole in Western Australia?
While it is the court that orders eligibility for parole, decisions regarding the actual release of the prisoner on parole in Western Australia are made by the Prisoners Review Board.
Under section 20 of the Sentence Administration Act 2003 (WA), the Board has the power to make a parole order for an eligible prisoner if satisfied that it is appropriate to do so. Section 5A of the Act defines the “release considerations” that must be taken into account by the Board when deciding whether a prisoner should be released on an early release order.[Text Wrapping Break][Text Wrapping Break]These considerations focus primarily on community safety, including:
- The risk of reoffending;
- The seriousness of the original offence;
- Judicial sentencing remarks;
- Victim concerns; and
- The prisoner’s conduct and program participation while in custody.
The Board must also assess the prisoner’s likelihood of complying with release conditions.
The Board is often informed by information from Corrective Services WA, including reports about the prisoner’s conduct in custody, participation in programs, risk assessments and release planning.
Factors Considered When Granting Parole
Being eligible for parole because a prisoner’s non-parole period has passed, does not mean they are automatically entitled to be granted parole.
In determining that question, the Board considers:
- The nature and seriousness of the offence.
- The prisoner’s criminal history.
- Behaviour while in custody.
- Participation in rehabilitation programs.
- Risk assessments prepared by corrective services.
- Release plans, including accommodation and employment arrangements.
The seriousness of the original offence remains relevant. An offender convicted of a violent offence such as grievous bodily harm in WA will face a more rigorous risk assessment than someone convicted of less serious offending, such as theft.
Completion of rehabilitation programs, demonstrated insight into offending behaviour and structured reintegration planning may support a finding that release is appropriate.
Section 5C of the Act allows victims to make submissions to the Board in certain cases. The Board may consider victim submissions when assessing risk and community impact. While the Board must act according to statutory criteria, victim perspectives form part of the material it considers. Common Parole Conditions
If the Board grants parole it may impose tailored conditions for the parolee whilst they are in the community.
Section 30 of the Act sets out the requirements that may be imposed on a prisoner released on parole. Standard conditions typically include:
- Reporting to a Community Corrections Officer.
- Not committing further offences.
- Compliance with directions of corrective services.
Additional conditions may include:
- Restrictions on contact with certain individuals.
- Geographic restrictions.
- Participation in treatment programs.
- Abstinence from drugs or alcohol.
A parolee must follow all conditions imposed by the Board. Failure to comply with any parole condition may result in breach proceedings, suspension of parole and the prisoner being returned to custody to serve the rest of their sentence.
What Happens If Parole Is Refused or Breached?
If the Prisoners Review Board rejects a prisoner’s consideration for parole, they will remain in custody and a future date will be set for reconsideration. There is no automatic right to parole at the expiry of the non-parole period.
Generally, decisions on parole cannot be reviewed by courts.
If a parolee breaches any of their conditions whilst on parole, section 44 of the Act allows the Board to cancel their parole order.
If parole is cancelled, the offender may be returned to custody to serve part or all of the remaining term. The time spent on parole may not necessarily be credited toward the balance of the sentence, depending on the circumstances.
Unsure About Parole? Get Legal Advice
Parole is not automatic, nor is it guaranteed once a non-parole period has expired. Decisions are guided by statutory criteria with community safety as the central consideration. Understanding the parole framework can assist prisoners and families in preparing appropriately, and legal advice from an experienced criminal lawyer in Perth may help clarify eligibility, process and potential outcomes.
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