Parole Breach
What happens if you breach parole?
If you breach parole (eg. fail to report, or give a positive urinalysis, or are convicted of an offence which occurred while on parole), a report will be sent to the NSW Parole Board .
The Parole Board may then:
- take no action or
- send a warning letter or
- direct you to attend and explain or revoke parole.
Revocation of parole means your parole has been cancelled.
Warrant for Revocation of Parole
If the Parole Board revokes parole it will issue a warrant for your arrest and you will be returned to gaol. Bail is not possible on arrest for revocation of parole and you will not be taken before a court (unless, at the same time you are charged with a fresh offence).
Once you are returned to custody, the Parol Board is advised and it then fixes a date when it will review the revocation of parole. This is a hearing at which you can appear and be represented. The hearing is usually 4 to 6 weeks after you have been returned to custody.
Legal aid is available for this hearing through the Prisoners Legal Service. You should contact them on (02) 9219 5888 (you can reverse the charges) as soon as you receive notice of the hearing date.
Review Hearing and Reparole
The purpose of the hearing is to check the revocation of your parole and to make sure that there were proper grounds to revoke the parole. The Parole Board is not likely to give you parole again immediately.
Usually, the Parole Board confirms the revocation and gives you a date when you will be considered for new parole. This is usually between six weeks and six months from the date of the review hearing. You must be reconsidered for parole every 12 months.
Balance of Parole/Additional Term
When you are returned to custody on the revocation warrant you will be informed of the balance of your parole or additional term. Please note that "street time" stops running from the date of the breach of parole. For example, if you are arrested six months after the breach, that six months does not count towards your sentence.
Even though your parole period has finished, it can still be revoked if the breach occurred during the parole period. For example, it is not unusual for a plea of not guilty to be entered to a charge which occurs during the parole period but the hearing is not completed until after the parole period. If found guilty, your parole can still be revoked as from the date of the offence.
Avoiding Revocation of Parole
Keep in contact with your parole officer.
If you miss an appointment, have a positive urinalysis or are convicted of an offence, contact your parole officer and discuss it. This may result in a warning letter rather than revocation of parole and a warrant for your arrest.
Where are the hearings held?
They are held at Court 26 upstairs behind the old Hyde Park Barracks at the southern end of Macquarie Street, Sydney. |
