Parole Authority

Manifest Injustice

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 fulfils the provisions of manifest injustice.

Regulation 223 prescribes the circumstances which constitute manifest injustice. These include: 

  • The decision to refuse parole was made on the basis of false, misleading or irrelevant information
  • It becomes apparent that a matter that was relevant to the decision to refuse parole is no longer relevant
  • It becomes apparent that a matter that was relevant to the decision to refuse parole has been addressed in a way that warrants reconsideration of the decision or can be so addressed by imposing additional conditions on parole 
In the event that the Authority determines that the provisions of manifest injustice exist, the parole consideration occurs.  If release to parole is determined, 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.