Parole
Children’s Court Parole Jurisdiction
The Parole jurisdiction operates within both the Children’s and Adult criminal jurisdiction. The adult system is operated and governed by the Department of Corrective services. The juvenile parole jurisdiction is operated and governed by the Senior Children’s Magistrate, or his delegate, sitting at Bidura Children’s Court.. Those magistrates given delegation are authorised to preside over the parole jurisdiction. Bidura Children’s Court is located at 357 Glebe Pt Rd, Glebe, NSW. (link: Contact Details of Bidura Children's Court)
There are two types of matters dealt with in the parole jurisdiction.
· Matters concerning children or young people sentenced to a period in custody greater than three years.
· Matters concerning children or young people sentenced to a period in custody less than three years.
Only the Senior Children’s Magistrate can deal with those matters with custodial sentences greater than three years. These matters are dealt with in chambers.
Matters with custodial sentences less than three years are dealt with in court by an authorised magistrate.
WHAT IS A PAROLE MATTER?
For certain offences, a child or young person can be sentenced to time in custody. This sentence can consist of a period in custody (non-parole) and out of custody (parole).
For matters with a non-parole period only, once the period in custody has expired, there are no further obligations on the child or young person.
In regards to sentences that include a parole period, upon release, the child or young person has a number of obligations during the term of the parole period. They are called the conditions of parole and are determined by the court at the time of sentencing. They include but are not limited to;
· Good behaviour, which means that no further offences are to be committed.
· Accept the supervision of Juvenile Justice.` This may involve meeting with a Juvenile Justice officer on a regular basis and attending courses.
A matter is referred to the parole jurisdiction if the child or young person breaches their conditions of parole.
WHAT HAPPENS IF THE PAROLE CONDITIONS ARE NOT MET?
If the conditions of parole are not met the young person or child is said to have breached his/her parole. The parole jurisdiction can be advised of the breach by either;
· Juvenile Justice advise the parole jurisdiction of a breach by way of a report to an authorised magistrate detailing the conditions that were not met or fresh offences committed whilst on parole.
· Any Children’s or Local Court Magistrate as well as any District or Supreme Court Judge can advise the parole jurisdiction when dealing with a fresh offence committed by the child/young person.
On advice of the breach of parole, the parole jurisdiction will determine whether to take;
· No action,
· Send a notice by post,
· Issue a warrant for the young person/child to attend court in answer to this breach.
The young person or child can be placed on a varied or extended parole order or the order can be revoked and they will have to serve the remaining time of the parole order in custody.
MATTERS WITH SENTENCES GREATER THAN THREE YEARS
These types of matters are separated into two categories;
· Matters where the young person/child have been released and breached their parole order.
· Matters where the child/young person is reaching the end of their non-parole period. The Senior Children’s Magistrate will make a determination as to whether they will be released on parole.
In relation to the latter, a file is prepared by the detention centre and contains;
· Court transcripts
· Court orders
· Psychologist report
· Committal summary
· Antecedents (criminal history)
MATTERS WITH SENTENCES LESS THAN THREE YEARS
As mentioned previously, the Senior Children’s Magistrate or his delegate preside over the parole jurisdiction, located at Bidura Children’s court. Matters with sentences (non parole + parole periods) of less than three years are dealt with in court. The procedures involved when a child or young person has breached their parole conditions are outlined above.
The documents provided to the court are;
· Non-parole and parole order outlining conditions of parole.
· Report from Juvenile Justice outlining the details of the breach.
· If the breach is by way of committing new offences, details of these offences are on file.
WHAT HAPPENS AT COURT?
A solicitor for Juvenile Justice appears on behalf of the Juvenile Justice supervising officer. This solicitor relies on the evidence outlined in the breach report provided to the court. The solicitor states any further information they may have in regards to the breach as well as their recommendations concerning the parole order.
A solicitor for the Young Person will also explain the circumstances surrounding the breach of parole and may ask the court that the young person or child be released on a further parole order rather than serving the remaining time in custody.
The presiding magistrate will either deal with the case on the first day or adjourn the matter to another so that more information can be gained or to provide the child/young person with the opportunity to prove that they can abide by the conditions of parole.
DOES THE CHILD/YOUNG PERSON NEED A SOLICITOR?
Children’s Legal service or Aboriginal Legal Aid Commission appear on behalf of any child or young person who is not privately represented. This is provided free of charge.
WHO CAN ATTEND THE COURT?
As the Parole jurisdiction operates within the Children’s Court, all matters heard in court are closed. Therefore, only the legal representatives, Juvenile Justice Officer and support persons of the young person or child are able to attend the court.
OTHER AGENCIES/DEPARTMENTS INVOLVED IN THIS JURISDICTION
Juvenile Justice
Are social workers who supervise children and young people brought before the court. Their adult counterpart is the Probation and Parole service. Both departments prepare reports for court regarding societal circumstances, possible reasons for committing certain offences and recommendations for sentencing. The Juvenile Justice Service also find refuges or family members etc for the child or young person to reside.
Juvenile Justice are the prosecuting authority in parole matters. They advise the court when a child or young person has committed a breach of their parole and their views on the outcome.
Department of Juvenile Justice Link
Legal Aid Commission:
Or Children’s legal services, represent all children and young people before the Children’s Court who are not privately represented. There are no criteria required for their representation in the Children’s Court. If you need to contact Legal Aid you should call their helpline on 1800806913, or for under 18’s 1800101810 or call your nearest office. (City Sydney 92195000)
Aboriginal Legal Service:
ALS operate similarly to the Legal Aid Commission but appear on behalf of Aboriginal and Torres Strait Islanders. To contact this service, phone…..
Department of Community Services:
As well as many other things, DOCS are the prosecuting authority for Care matters. If the child or young person before the court are under the care of DOCS, an officer representing this department will be present.
The legislation underpinning the Parole jurisdiction is as follows;
Legislation
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