Parole Board hearings & recall
If you're reading this page, it's probably for someone else - a partner, a son, a brother - because the person it matters to can't read it from prison. Getting ready for a parole hearing takes work that has to happen on the outside, and it usually starts with family.
This guide is general information, not legal advice about your situation - every case turns on its own facts.
Why the person inside needs someone out here
Preparing a parole case means chasing a lot of separate pieces: the parole assessment report, an address the Board will accept (sometimes supported accommodation that has to be found and confirmed), letters of support from family, an employer prepared to put something in writing, records of the programmes completed inside. Someone then has to put all of that together into a single release proposal. This is the work Luke does - along with meeting the person inside to plan what they will say to the Board, and to help them be realistic about how they talk about their own risk.
What the Parole Board decides
Parole is governed by the Parole Act 2002. The Board's paramount consideration is the safety of the community: a person may be released only if the Board is satisfied they will not pose an undue risk. The hearing doesn't re-litigate the offence. The Board wants to know about risk, and what has changed since sentencing.
When parole is considered
In most cases, a person serving a sentence of more than two years becomes eligible for parole after serving one-third of the sentence, unless the court imposed a longer minimum period of imprisonment. Shorter sentences are generally not parole matters - release happens automatically at the sentence's halfway point.
Eligibility is only a date, though. The preparation that gives a hearing a real chance should begin months before it.
Recall to prison
A person on parole can be recalled to prison - for example where Corrections considers there has been a breach of conditions or that risk has increased. Recall applications move quickly, and an interim order can see someone back in custody before the final hearing. A breach of conditions can also be charged as a further offence in its own right. If someone you love is facing recall or a breach allegation, get advice immediately - the final recall hearing can be won with preparation, and there isn't much time to prepare.
Parole conditions
Release on parole comes with standard conditions and usually special conditions - where to live, programmes, non-association, sometimes electronic monitoring. Conditions that are unworkable can be varied on application. Applying to vary a condition is always better than drifting into a breach, given a breach can mean a new charge as well as a recall application.
Frequently asked questions
What can I actually do to help someone get parole?
A great deal: letters of support, a confirmed address, transport to programmes, a job offer in writing - a release proposal is built out of exactly these things. What matters is that the Board sees them as one organised plan. A lawyer's job is to put what you and others can offer into that shape, and to prepare the person inside for the hearing itself.
Can family attend the hearing and speak?
Yes. Family and supporters can attend, and there are proper ways to put your support before the Board - in writing and in the room. A lawyer can help get you there and make sure what you have to say is heard, in the way that best helps the person appearing.
How often does the Parole Board see someone?
The Board sets the date of the next hearing each time it declines parole - commonly within a year or two, depending on the circumstances and what it wants to see done in the meantime. Whatever the Board asked for last time is what needs to be worked on before next time.
What happens if parole conditions are breached?
A breach can be prosecuted as a further offence, and can also trigger a recall application - often the more serious consequence, because it puts the release itself at risk. If a condition has become unworkable, apply to vary it rather than risk a breach; if a recall application or breach charge has already been laid, get legal help urgently.
Someone appearing before the Parole Board soon?
The earlier preparation starts, the more there is to work with. Confidential advice for families - and representation for the person appearing.