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The panel will usually make a decision on a case at the hearing. Offenders will also receive a written copy of the decision within 1-2 weeks after the hearing.  Everyone notified of the hearing taking place must be told whether or not an offender is to be released, when they are to be released, and any release conditions imposed. If a postponement order has been made, they must be informed of the duration of the postponement.

Approval for release

If an offender is approved by the Board to be released the decision will tell them when they will be released and give them details of the standard release conditions, and any special conditions. It will say how long the release conditions last for.  There is more information about this in the ‘Release and Recall’ area of this website.

The offender will be required to report to their Probation Officer within 72 hours of release.  Management and supervision of the offender’s release is the responsibility of the Department of Corrections, Community Probation and Psychological Service.

An offender’s release on parole can be revoked (overturned) by the Board at any time before the offender leaves prison, for example, if they are involved in a misconduct. If their release on parole is revoked or amended the Board must hold another parole hearing as soon as practicable.

Standard and Special Conditions

These are the release conditions with which an offender must comply when they are released from prison either on parole or at their statutory release date. There are two types of conditions - standard release conditions and special conditions.

Standard release conditions are imposed on all offenders when they are released from prison. A list of these conditions can be found in the ‘Release and Recall’ area of this website. When an offender is released the Department of Corrections issues a release licence and the standard release conditions are included on this licence.

Special conditions are additional conditions that the Board may impose on an offender. They can be imposed for as long as the standard release conditions, but not longer. Special conditions are imposed to reduce the risk of re-offending, or to assist rehabilitation and reintegration into the community, or to provide for the reasonable concerns of victim(s).  Examples of the special conditions the Board may impose can be found in the ‘Release and Recall’ area of this website.

If the Board imposes a special condition which it considers incompatible with a standard release condition(s) it can suspend the incompatible standard release condition(s) for the length of the special condition.

Recall

The Department of Corrections may apply to the Board for an offender to be recalled to prison before their statutory release date on the ground(s) that they:

• are an undue risk to the safety of the community, or any person, or class of persons
• have breached their release conditions
• have committed an offence punishable by imprisonment
• are subject to residential restrictions and either:
• • they are endangering the safety of anyone at their residence, or
  • the residence is no longer available, or
  • they no longer wish to be subject to residential restrictions.

The Police can also apply for them to be recalled to prison on the ground that they are an undue risk to the safety of the community, or to any person or class of persons.

When the Board has made the decision not to release an offender

If the Board decides not to release an offender the Board’s decision will say why, and when the offender’s case will be considered again.  It may also say what the Board recommends the offender should do before their next hearing.  After their parole eligibility date has passed an offender can apply to the Board for their case to be considered before the date the Board has set for their next hearing. 

The Board can postpone an offender’s next parole hearing for up to 2 or 3 years, depending on their sentence. This is called a postponement order. An offender will be told if the Board is considering a postponement order so they have time to get legal advice.

Case adjourned

If a case is adjourned the decision will say why it is adjourned and when the case will be considered.

Review of decision

An offender can apply to the Board for a review of a Board’s decision on certain grounds. The grounds are if the Board:

• did not comply with the procedures set out in the Act;
• made an error of law;
• treated the offender unfairly by not complying with a Board policy;
• based its decision on wrong or irrelevant information that was material to the decision the Board made; or
• acted without jurisdiction (did something it was not legally empowered to do).

The review must be applied for within 28 days of the Board’s decision being made.

Appeal

An offender can appeal to the High Court against postponement orders, section 107 orders and final recall orders. However they may only do this if the Board's decision making the order has first been reviewed.

Full information about the grounds and processes for a review or appeal are set out in the Parole Act 2002.