Transcript
What happens after you’ve served time in prison? Well, that’s where parole comes in.
Parole is when a prisoner is released early to serve the rest of their sentence in the community under supervision. It’s not automatic, so even if you’re sentenced to six years to serve for, it doesn’t mean you will get out at four. The Parole Board decides if someone is suitable. Conditions usually include reporting to a parole officer, obeying curfews, and avoiding further offending. Parole is meant to help reintegrate people while still keeping the community safe. If conditions are breached, parole can be cancelled, and the person returned to prison. Not all prisoners are even eligible for parole, even if they have a non-parole period, and some people spend their whole sentence without being released on parole.
This is general information. If you or somebody you know is applying for parole, there are things lawyers can do to help in that process. But the sooner you talk to us, the better.
Introduction to Parole in Victoria
If you or someone you care about is facing parole in Victoria, you’re probably asking how parole works. You may also be asking what parole conditions apply and whether you can lose parole. This video explains how parole decisions work and who qualifies. It also explains what happens when a person returns to the community under supervision. We explain key parole requirements and why parole does not happen automatically. Watch to learn what the Adult Parole Board considers. You will also learn how parole breaches can affect freedom.
What Is Parole?
Parole is a legal framework that allows a person serving a prison sentence in Victoria to complete part of that sentence in the community. The person does so under supervision. The system promotes rehabilitation and reduces reoffending. It also supports safer reintegration into community life. Importantly, parole does not happen automatically. A person must apply. The Adult Parole Board of Victoria then decides the outcome based on risk, conduct, and evidence.
Non-Parole Period and Eligibility
In Victoria, a sentencing court will usually set a non-parole period when it imposes a sentence. This point marks the earliest time a person can apply for parole. However, it represents only a first step. The Adult Parole Board then assesses whether releasing the person on parole is appropriate.
What the Board Considers
The Board considers detailed reports from Community Correctional Services (CCS) and prison case managers. It also considers other sources, including Victoria Police. These reports address behaviour in custody. They also cover participation in rehabilitation programs, accommodation plans, support networks, and the risk of reoffending.
Parole Application Process
The parole application process begins well before the eligibility date set by the sentencing court. For longer sentences, a prisoner may start the parole application process up to three years before the non-parole period ends.
Application Requirements
The prisoner must complete a parole application form. The prisoner must also work with prison staff to provide comprehensive information to the Board. The Board will not consider an application unless the prisoner applies. If a person does not apply for parole, the person will usually remain in custody until the sentence’s end date. The same outcome usually follows if the Board refuses parole.
Parole Conditions in Victoria
The Adult Parole Board treats the safety and protection of the community as its paramount consideration. The Board will only grant parole when it believes supervision and conditions can manage the risk to the community.
Standard Conditions
Standard conditions require regular reporting to a parole officer. They also require compliance with the law. A person must notify changes of address or employment. The person must also remain in Victoria unless permission allows otherwise.
Discretionary Conditions
In addition to core conditions, the Board may impose discretionary conditions. These conditions respond to individual risk factors. They can include curfews and electronic monitoring. They can also include participation in drug and alcohol programs. Other conditions may restrict contact with specific people. The Board may also require treatment or counselling. These tailored conditions support successful reintegration. They also reduce the likelihood of further offending.
What Happens If Parole Is Breached?
Breaches of parole can carry serious consequences. Not every breach results in a return to prison. However, the Board will treat every breach seriously. The Board will also assess the surrounding circumstances.
Consequences of Breaching Parole
Minor breaches may lead to warnings. They may also lead to changes in conditions. Significant or repeated breaches can prompt the Board to cancel parole. This includes breaches involving new criminal charges. The Board may also issue a warrant for the person’s return to custody. Victoria Police may detain the person. Police will notify the Board when they suspect a breach.
Victims’ Role in the Parole Process
For victims of crime and their families, the parole process allows registered victims to make submissions. The Board must consider those submissions. This process gives victims a voice in parole decision-making. However, the Board must still weigh victim concerns against evidence about community risk and rehabilitation.
Common Issues in Parole Applications
Common problems in parole applications include poor preparation of a parole plan. They also include unstable accommodation. Unresolved risk factors, such as substance abuse, can cause problems. Poor behaviour close to eligibility dates can also affect an application.
Importance of Legal Advice
Early legal advice can help present evidence of rehabilitation. It can also help present support plans and risk management. This approach aligns with the Board’s criteria.
What Happens If Parole Is Refused or Cancelled?
If the Board refuses or cancels parole, legal advice plays a critical role. It helps explore re-application options. Re-parole remains possible. The Board will examine whether circumstances have changed since the earlier decision. Early engagement with experienced criminal lawyers can improve outcomes. It can also help people navigate this complex process.
