Parole (ACT)

A person who has been sentenced to a term of imprisonment with a non-parole period may be released back into the community before the end of that term. Decisions about parole in the ACT are made by the Sentence Administration Board. This page deals with the process for obtaining parole in the ACT.

Non-parole periods

When an ACT court sentences a person to a term of more than 12 months in prison, it must set a non-parole period except where it is inappropriate to do so in the circumstances.

A person sentenced to a term of imprisonment with a non-parole period must remain in prison until the end of their non-parole period.  They may then apply to the Sentence Administration Board for parole. If it is granted, they will be released to serve the rest of their sentence in the community under strict conditions.

When will parole be granted?

The Sentence Administration Board will release a person only if it is appropriate. Under section 120 of the Crimes (Sentence Administration) Act 2005, the primary consideration when making a decision is the public interest.

The Board will also consider:

• the person’s criminal history and bail history
• the likely effect on any victims
• any comments made by the sentencing court
• any submission made to the Board by victims
• any reports that have been prepared in relation to the application
• the person’s behaviour in prison
• the person’s participation in activities in prison
• the risk of them reoffending if released
• the likelihood that they will comply with conditions
• whether their early release is likely to assist them to adjust back to life outside of prison.

Hearings

When a person applies for parole, the Board must seek the views of any victims.

The Board may make a decision on parole without holding a hearing. However, if it does not have enough information to make the decision without a hearing, it must set a date for a hearing. The offender must be invited to attend the hearing or make a submission about parole. If they do not make a submission, they will not be granted parole.

Parole conditions

A person on parole is subject to the following conditions:

• not to commit an offence punishable by imprisonment
• inform the director-general within two days if they are charged with an offence
• not to change their contact details without approval
• comply with directions such as alcohol and drug testing
• appear before the Board when required to do so.

If there is a breach

If a person breaches the conditions of their parole, the Board may:

• take no action
• give them a warning
• give the director-general directions about their parole
• cancel the order.

If a person is found guilty of an offence punishable by imprisonment, their order will automatically be cancelled. They will be returned to prison to serve the rest of their sentence and the time they have spent under supervision in the community will not be taken into account.

If there is no breach

If a person reaches the end of their sentence and no breach is committed, they are discharged from their imprisonment.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.