1. What is parole?
- Parole is the release, with conditions, of offenders sentenced to more than two years (24 months) in prison.
2. Why do we have parole?
- The aim is to continue managing an offender’s sentence, to help them make the transition from prison to community.
- In some cases, treatment programmes may not be available in prison for a minimum security offender but the Board is able to make such programmes a condition of parole or home detention.
3. Does the Board determine the release of all offenders serving terms of imprisonment?
- No. If an offender is serving a short-term sentence of two years or less, under the Parole Act 2002 they must be released after serving half of their sentence. They are not seen by the Board but may be subject to release conditions imposed by the court that sentenced them.
- If sentenced under the Criminal Justice Act 1985, offenders serving long-term determinate (fixed) sentences must be released at their Final Release Date (two-thirds of their sentence) - if they have not been granted parole before this date. If they have reached their Final Release Date, the Board's only role is to set release conditions.
- In some cases, the Department of Corrections will apply under section 107 of the Parole Act 2002, to have an offender kept in prison beyond their Final Release Date. This applies only to offenders sentenced under the Criminal Justice Act 1985.
- Offenders sentenced under the Parole Act 2002 to a determinate prison term of more than two years, must be released when they reach their Statutory Release Date (the end of their sentence) - if they have not been granted parole before this date. They become eligible for parole after serving one third of their sentence. If they have reached their Statutory Release Date, the Board's only role is to set conditions for release.
See What Cases Does The Board Consider?
4. Who’s responsible for monitoring an offender after they’re released?
- Each paroled offender is assigned a Probation Officer, employed by the Community Probation Service. For more information see the Department of Corrections website.
5. Does anybody serve the full term they are sentenced to?
- Under the Criminal Justice Act 1985, offenders serving a determinate sentence of more than 12 months, and without a minimum period set by the sentencing judge, must be released after serving two thirds of their sentence.
- Under the Parole Act 2002, offenders serving long-term determinate sentences (more than two years) become eligible to be considered for parole after one third of their sentences but they can serve the full term if not paroled.
6. So when can prisoners apply for parole?
- In most cases offenders don’t generally apply for parole, they become eligible for it, on their Parole Eligibility Date (PED). See Parole Eligibility.
7. When do offenders reach Parole Eligibility Dates?
- Offenders serving less than 2 years imprisonment under the 2002 legislation do not have PEDs (they are released when they have served half their sentences).
- Offenders sentenced to more than 2 years imprisonment under the 2002 legislation are eligible for parole after serving a third of their sentence, unless they were given a longer minimum non-parole period by the sentencing court.
- Offenders sentenced to preventive detention (no specified sentence length) become eligible for parole after serving a minimum period of imprisonment, which is at least five years.
- Offenders sentenced to Life Imprisonment normally become eligible for parole after serving a minimum of 10 years imprisonment.
8. What about offenders sent to prison under the previous legislation (the Criminal Justice Act 1985)?
- Inmates serving an indeterminate sentence become eligible for parole after serving 10 years.
- Inmates with a minimum non-parole period, become eligible after serving that minimum period.
- Inmates given more than a 12-month sentence, but not classified as Serious Violent Offenders, become eligible after serving one-third of their sentence.
- Inmates classified as Serious Violent Offenders, and sentenced to a determinate sentence, must be released after serving two thirds of their sentences.
9. What happens if offenders are not granted parole on their PED?
- Generally, the Board must see all inmates who have reached their Parole Eligibility Date once every 12 months.
- But the Parole Board can postpone consideration for parole for up to three years if it considers an offender will not be suitable for release at their next due date without “a significant change in the their circumstances”.
10. What options does an offender have if their hearing is postponed?
- They can apply at any time for the Board to consider them for parole on the grounds there has been a "significant change" in their circumstances.
11. Isn't parole really a "get out of jail free" card?
- Not at all. Everyone released on Parole is given standard release conditions (as are all offenders released at the end of their sentences). These cover issues such as:
- reporting to a probation officer with 72 hours.
- maintaining contact with their probation officer.
- not living at an address prohibited by their probation officer.
- not moving address unless given consent by their probation officer.
- not engaging in employment prohibited by their probation officer.
- not associating with anybody the probation officer has prohibited.
- taking part in rehabilitative and reintegration assessment if directed by the probation officer.
See Conditions.
12. Can the Board impose other conditions?
- Yes. A range of special conditions can be imposed at the Board’s discretion, covering areas such as:
- employment
- criminogenic programmes (focussing on issues such as propensity for violence, motivation for offending)
- psychological counselling
- alcohol and drug assessment
- anger management
