The Board hearing is where the panel (the members of the Board who will consider the offender’s case) meets to discuss the information it has received about the offender and has an opportunity to listen to what the offender says. The panel will already be familiar with much of the offender’s case from the information they have already received about the case (the members receive this information 2-3 weeks before the hearing).
The offender will be present for part of the hearing of their case. The panel will ask the offender questions and give them a chance to speak. The offender may be represented by a lawyer (if the Board has given prior approval) and may have a support person (or people) with them, provided they have been approved by the Board to talk to the panel.
The Board's policy is that all hearings are electronically recorded, written transcripts are not generally however made by the Board.
How A Hearing Is Run
The offender will be brought into the hearing room by a Corrections Officer and asked to remain standing while the Corrections Officer introduces them. The offender will usually be asked to introduce their support people before being asked to sit. The offender may be represented by their lawyer,
- Offenders do not appear before the Board at the same time as victims make submissions however there may be a rare case where both the victim and offender agree to this, and the Board gives its approval.
The Panel will ask questions of the offender relating to their attitude to their offence and what rehabilitative programmes they may have completed while in prison.
- The Panel will also ask about what support is in place, from family, community groups and friends, should the offender be released.
The process is not as formal as a court but is designed to ensure the Panel get a good understanding of the offender’s attitude and prospects should they be released. It is also designed to encourage offenders to speak openly to the Board.
- Once the first part of the hearing is concluded, which could take 30 minutes, the offender leaves the room and the Panel considers their decision.
When a decision is reached, the offender will be brought back into the room and in most cases told the decision. If the decision is reserved (delayed to give greater time for consideration and preparation of the written decision), the offender will be advised accordingly.
- After making its decision, the Panel informs the offender, and notifies any registered victims, the Department of Corrections, the Police and any non-registered victims who have made a submission.
What is an offender asked at a hearing?
They are likely to be asked about:
- how they feel about their offending
- what they have done about it, such as the programmes or work or other activities they have done during their sentence and the progress they have made in their sentence management plan
- what they plan to do if, or when, they are released.
Does an offender have to go to the hearing?
An offender can choose not to go to the hearing. They will have to tell the Board in writing, by signing a 'waiver' (a form that says they don't want to attend the hearing). This can be arranged via their Case Officer. If they choose not to go to the hearing they will not be able to talk to the Board in person but can still make a written submission to the Board.
What role do support people play?
The role of support people is to be with the offender at the part of the hearing that they attend. Support people can speak to the panel if the panel agrees, although there may be time limits on how long support people may speak. If there is limited time for the hearing the support people may be asked to nominate one person to represent all their views. Sometimes the panel may ask the support people questions about how they will support the offender if they are released and about information in their submissions.
What information does the Board consider?
Information the Board considers to make a decision on an offender’s case can include:
- the details about their current and previous convictions, sentencing notes and pre-sentence reports
- a report from the Department of Corrections explaining the programmes or work or other activities they have done during their sentence and the progress they have made with their sentence management plan (what they will do to address their offending while they are in prison)
- information about any restorative justice processes they have undertaken
- information about how their parole or release would be managed including any special conditions recommended by the Community Probation and Psychological Service
- any special reports such as psychological assessments about the offender's treatment and risk of re-offending
- plans for how their release would be managed
- evidence and material provided by any witnesses summoned by the Board
- submissions from the offender and their supporters or lawyer
- submissions from victims and Police.
How does the Board make a decision?
The panel of the Board deciding the case considers all the material provided – both written and oral – and weighs it up.
The legislation states that victims' submissions and any restorative justice outcomes are to be given due weight.
The most important consideration for the Board is community safety. By law, the Board must decide that the offender does not pose an undue risk to the safety of the community before he or she can be granted parole. In assessing 'undue risk' the Board must consider both the likelihood of further offending, and the nature and seriousness of any likely offending.
Once the Board has made its decision the offender is invited back into the hearing room and told what the Board has decided. Written confirmation of the decision is sent to the offender 1-2 weeks after the hearing.
