Parole

Introduction

Parole is the release of a prisoner back into the community under the supervision of community corrections.

Parole is not a right and not all prisoners are granted parole. When an offender is released on parole they must comply with the conditions set by the Parole Board.

Parole can only be granted after a prisoner has served the non-parole part of their sentence, which is set by the court during sentencing.

For most offences, prisoners must serve a minimum of half of their sentence before being eligible for parole.

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Applying for parole

About 8 months before a prisoner becomes eligible for parole, a probation and parole officer will begin preparing a report for the Parole Board.

Most importantly, they will identify risks to the community, victims or the prisoner to present to the Parole Board.

They will gather information about the prisoner by talking to:

  • the prisoner
  • the prisoner's family
  • staff at the prison
  • victims
  • support and treatment services
  • community members.

The prisoner will be asked to outline their plans if parole is granted, including:

  • where they will live
  • what they want to do
  • how they will support themselves financially
  • what support they will need
  • what steps they will take to ensure they don’t return to prison.

Two months before the prisoner is eligible for release on parole, the Parole Board will consider the application and decide whether parole will be granted. The board considers each case on its own merits.

What the board considers

Factors the board will take into consideration include some or all of the following:

  • the nature and circumstances of the offence
  • comments made by the sentencing magistrate or judge when imposing a sentence
  • the prisoner’s criminal history and patterns of reoffending
  • the prisoner’s previous history of supervision in the community
  • the possibility of the prisoner reoffending while on parole and the likely nature of the reoffending
  • the risk of harm to the community and victim
  • release plans including accommodation and employment
  • reports, assessments and recommendations made by a variety of professionals, including medical practitioners, psychiatrists, psychologists, custodial staff and/or probation and parole officers
  • rehabilitation and educational courses undertaken by the prisoner
  • institutional reports in relation to the prisoner’s behaviour while in prisoner
  • the security rating of the prisoner within the prison
  • victim’s safety, welfare and whereabouts
  • submissions made by the victim or people related to the victim
  • submissions made by the prisoner, their family, friends, potential employers or other individuals
  • submissions made by the legal representatives of the prisoner
  • whether the prisoner can be adequately supervised in the community under the standard conditions of parole or whether further parole conditions should be imposed.

The board may do one of the following:

  • release the prisoner on a certain date
  • deny parole
  • decide at a later date after more information is gathered.

If parole is denied, a prisoner cannot appeal the decision. However, they can reapply for parole at any time.

Support programs for prisoners applying for parole

The North Australian Aboriginal Justice Agency (NAAJA) run support programs to assist Indigenous prisoners to develop post-release plans and assist with the parole process.

Find out more information about the Throughcare Program on the NAAJA website.

Under the Parole Act 1971, representatives of community members must be consulted when a prisoner who is serving life for murder is being considered for parole.

Community probation and parole officers supervise remote offenders and assist victims, parolees and the community.

Interpreters are available if a prisoner applying for parole is not confident in English, or can be requested by a probation and parole officer if they have concerns about language barriers.

Other languages

Read more about applying for parole in English.

Watch e-stories in the following languages:


Conditions of parole

All prisoners are released on parole into the community under the supervision of community corrections.

The Parole Board will set conditions to ensure the safety of the community and victims of crime, and to reduce the risk of offending.

There are eight standard conditions of a parole order.

The parolee must:

  • not commit another offence during the period of the order
  • be supervised and obey directions by a probation and parole officer
  • report to the probation and parole officer and be available for interview
  • not leave the Northern Territory (NT) without permission from the probation and parole officer
  • go to work if agreed with the probation and parole officer, and tell the officer if they intend to change their employment
  • live at an arranged address and tell the probation and parole officer if they intend to move
  • not associate with another person if specified by a probation and parole officer
  • stay away from a place or area if specified by a probation and parole officer.

Additional conditions can also be set. These may include:

  • not drinking or buying alcohol
  • providing a breath or urine test
  • living in a specific community or outstation
  • going to treatment or counselling
  • not taking illicit drugs or misusing prescription drugs
  • not contacting a victim or other specified person
  • being given a curfew
  • being supervised with electronic monitoring
  • no contact with children.

Electronic monitoring

Offenders may be fitted with a small device on their ankle while on parole. The device tracks their location and reports back to their probation and parole officer.

It may also be used if the offender is not allowed to go near certain places, such as a park, school or house of a friend.

Moving or travelling on parole

If a parolee wants to travel or relocate they must talk to their probation and parole officer first.

There is an agreed process for considering interstate travel and transfers.

The probation and parole officer and authorities in the new state or territory will consider:

  • whether the parolee has obeyed their conditions
  • risk of reoffending
  • victim or community safety concerns
  • whether the parolee will need to report more often
  • more surveillance or breath and urine testing.

Permits

They may be granted either:

  • a supervised travel permit – for high risk offender or longer trips and requires approval of the destination state or territory where the parolee wishes to travel
  • or an unsupervised travel permit – requires discussion but not approval of the destination state or territory.

Travel permits may take up to one month to process.

Transferring parole

If a parolee wishes to move interstate, they must discuss a transfer with their probation and parole officer. An application will be submitted to the state or territory they wish to move to. The receiving state or territory may add extra conditions.

If the transfer is approved, they must obey the laws and regulations of that state or territory, which may be very different to the NT.


Breaching parole

Any breach of parole conditions is taken very seriously by the Parole Board.

If a parolee breaches the conditions of parole, their probation and parole officers will present a report to the Parole Board, called a revocation report. 

The police can also arrest a parolee they believe is in breach of their parole order conditions.

The board may do any of the following:

  • issue a warning letter to the parolee
  • place new conditions on the parolee
  • revoke (cancel) the parole.

If parole is cancelled

If parole is revoked, the parolee will be arrested and brought before the Local Court. The court must then order the parolee to serve the rest of their sentence back in prison.

Time spent on parole is not recognised as time served if parole is revoked. The prisoner must serve the remainder of their sentence from when parole was initially granted, although they are eligible to be re-released on parole.

Applying for parole again after cancellation

If the prisoner has reoffended, they will have to serve their new sentence or any non-parole period from their new sentence before they can apply for parole again.

If the prisoner has breached a condition of their parole, they may apply for parole again at any time but will need to show the Parole Board how they will obey the conditions of the parole order.


Role of the Parole Board

The Parole Board of the Northern Territory is an independent statutory body established under the Parole Act 1971.

It plays an important role in the NT criminal justice system, making decisions about youth and adult prisoners, and prisoners who are serving a sentence of life imprisonment for murder.

Board members

The board has 18 members.

The Chairperson of the Parole Board is the Chief Justice of the Northern Territory or their nominee.

The board is made up of:

  • the Chief Justice or another judge of the Supreme Court nominated by the Chief Justice
  • the Commissioner of Correctional Services
  • two police officers nominated by the Commissioner of Police
  • two health professionals, who must be either:
    • a medical practitioner
    • or a registered Health Practitioner who practices psychology
  • two people who represent the interests of victims of crime
  • 10 people who represent the community, including women and Aboriginal and Torres Strait Islanders.

Go to the Parole Board website to find out more information.


Victims’ rights

The safety of the community and the rights of victims are keys issues when the Parole Board is considering a parole application, especially for violent and sexual offenders.

Probation and parole officers attempt to talk to victims and their families before providing reports to the Parole Board. 

The Parole Board will consider submissions made by the victims and their families before deciding whether to release a prisoner on parole.

Victims who wish to be told when the offender is being considered for parole can register on the Northern Territory Victims’ Register.

However, even if the victim is not registered, probation and parole officers will attempt to contact them or their family.

Victims' input

Victims or their representatives can have their say on the parole application. 

Probation and parole officers include their consultation with victims in the parole report. Victims also have the opportunity to supply a written submission to the board. 

The board's decision

Victims can  request to be told of the Parole Board’s decision through the Northern Territory Victims Register.

Prisoners are not given victim information unless approved by the victim.

If parole is denied, victims will be contacted if any future applications are made by the prisoner.

The victim will be told if parole is granted, and is entitled to some information if registered on the victims’ register.

Access to parole information of a family member

If a family member would like information on a prisoner’s parole application, they should contact their probation and parole officer. The prisoner will need to give permission to disclose any information.