Legislation prescribes that in the event that an offender is refused parole, they are required to wait 12 months prior to parole consideration. However, offenders can be considered for release to parole prior to this 12 month period if their situation fulfills the provisions of manifest injustice.
Regulation 223 prescribes the circumstances which constitute manifest injustice and relate to requirements being met that were previously beyond the offender’s control such as the availability of relevant programs, external leave, suitable accommodation, health services or the withdrawing of further charges.
In the event that the Authority determines that the provisions of manifest injustice exist, the parole conditions and reasons for granting parole are noted, the parole order prepared and an offender is released from custody.
In the event the Authority determines that the provisions of manifest injustice do not exist, the Authority provides reasons for this decision and considers the matter on the offender’s anniversary date.