Release conditions
What are the release procedures?
If a prisoner is subject to being released on a bond, at the end of the period in custody the bond is signed by the prisoner and he/she is released automatically unless there is another warrant issued against the prisoner.
If there is a non-parole period, the prisoner will be released on parole by the Minister when the non-parole period expires. The prisoner will then be asked to sign the parole order to show that they have understood and accept the conditions of release. If the prisoner refuses to sign the order, he or she has to remain in custody until the expiration of their head sentence.
Does the length of a sentence make any difference?
Yes. If the sentence is under 10 years and the prisoner is not facing any other charges, the prisoner will automatically be released on parole at the end of the non-parole period.
If the sentence is 10 years or over, or a life sentence, the Minister will decide whether or not the prisoner should be released at the end of the non-parole period. If the Minister decides the prisoner should not be released, the prisoner will be told of the decision before the non-parole period expires.
What happens if there are State or Territory charges as well as Federal ones?
If the Federal sentence expires before the State non-parole period, the prisoner will not be released by the Minister. Release will be a matter for the State authorities.
If a prisoner becomes eligible for Commonwealth parole at about the same time or shortly before becoming eligible for State or Territory parole, the prisoner may receive Commonwealth parole but will not actually be released until being granted parole in relation to the State or Territory offences.
What is early release?
Early release means release before the expiration of the non-parole period and is only granted in exceptional circumstances. The two usual grounds on which early release may be considered are:
(i) if a prisoner is very sick and requires treatment which cannot be adequately provided by the prison medical service, for example, if intensive care is needed;
(ii) if a prisoner has provided assistance to law enforcement authorities and this was not known, or was not taken into account, by the sentencing Court.
There may be some other exceptional circumstances which justify early release but in general, family hardship, good conduct in prison or feeling sorry for the offence committed, are not grounds for early release. However, each case is judged individually on its merits.
If a prisoner believes that the circumstances of a case justify early release, he or she may apply to the Minister. The application can be dealt with more quickly if supporting documents are provided with the application. Generally only one application per prisoner a year will be considered unless an individual's circumstances have changed during this time.
What happens if a prisoner is granted early release?
The prisoner would be released on a licence which would have similar conditions to those of a parole order.