Parole and Appeal
On this page the different kinds of parole and the appeals process are explained. Select a topic to learn more:
What does parole mean?
Non-parole periods
Standard non-parole periods
Appeals against convictions
Sentence appeals
What does parole mean?
When sentencing an offender to imprisonment, a judge or magistrate will announce the term (that is, the total period of the sentence), and then will set a non-parole period.
Non-parole periods: This is the minimum amount of time that an offender will be kept imprisoned before being eligible to be released on parole. The judge must fix a non-parole period that is at least three-quarters of the term of the sentence. This rule applies unless there are “special circumstances” for setting a non-parole period that is less than
three-quarters of the term of the sentence.
If an offender is sentenced to imprisonment for less than three years, release after the expiration of the non-parole period is automatic. If the offender is given a sentence of longer than three years, then his or her release date will depend on a decision being made by the State Parole Authority or Serious Offenders Review Council.
Standard non-parole periods: Certain specified serious offences have standard non-parole periods set in legislation. This is what governments are usually referring to when they talk about ‘minimum sentences’. The standard non-parole period is regarded as a reference point for the judge and aggravating and mitigating circumstances may be taken into account. in determining the sentence.
Appeals
Appeals against convictions: An appeal against conviction means that the offender (known as the appellant in the appeal case) is arguing that he or she did not commit the offence for which he/she was found guilty.
Sentence appeals: The Director of Public Prosecutions can appeal against a sentence on the grounds that it is inadequate or too lenient.
An offender can also appeal on the grounds that the sentence imposed was too severe.
An appeal to the Court of Criminal Appeal from a sentence imposed in the District Court or the Supreme Court will only be successful if the sentencing judge is found to have committed a legal error, including imposing a sentence that was manifestly lenient or excessive.
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