If an offender released on parole breaches their conditions, or poses an undue risk to the safety of the community, a probation officer or police officer can apply to the Board to have them recalled to continue serving their sentence in prison.
A paroled offender can be recalled to prison at any time before their sentence ends.
Once an offender's statutory release date has passed, they cannot be recalled to prison - even if they are still subject to release conditions.
A probation officer can apply to the Board for an offender to be recalled to prison before their statutory release date if they:
- pose 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:
- they are endangering the safety of anyone at their residence, or
- a suitable residence is no longer available, or
- they no longer wish to be subject to residential restrictions.
Police can also apply for an offender to be recalled to prison on the sole ground that they pose an undue risk to the safety of the community.
The Board cannot generally initiate a recall itself, but acts very quickly when it receives an application for one.
When the Board receives a recall application, a panel convenor determines whether the offender is an undue risk to the safety of the community or is likely to abscond.
If so, an interim recall order is made and an arrest warrant is issued.
A hearing to determine whether to make the interim recall a final recall order takes place within a month of the offender returning to prison.
If the Board is satisfied that one or more of the grounds for recall have been established, it may make a final recall order, and the offender continues serving their sentence in prison.
If no interim recall order is made the offender remains on parole, but a further hearing will still be held.
What if an offender doesn’t meet their parole conditions?
- If an offender commits an offence punishable by imprisonment, they can be recalled to continue serving their original sentence in prison.
How long do offenders face the prospect of recall for?
- For as long as they’re on parole.
- For offenders given life sentences or preventive detention, parole conditions last for life.
- For offenders given fixed-term sentences, parole conditions last up to a maximum of six months after their statutory release date (the end of their sentence).