Revoking a parole order and issuing a warrant for an offender’s arrest and return to custody is the most severe penalty the Authority can take in response to a breach of parole. When determining that revocation of the parole order is the most appropriate response to the breach, the Authority must choose an effective of revocation and identify the conditions on the parole order the offender has breached.
Legislation prescribes that a revocation order takes effect, or is taken to have taken effect, on the date on which it is made or on such earlier date as the Parole Authority thinks fit.
A warrant for an offender’s arrest and return to custody is then created by the Secretariat, signed and forwarded to NSW Police for placement on their system. This warrant stays on the COPS system until it is executed and the offender is returned to a correctional centre.
The warrant will outline the reasons for the revocation of parole (conditions breached), the date at which parole revocation was effective (the date parole ceased) and the remaining balance of parole an offender is required to serve (the time between the date of revocation and order expiry).
Once returned to custody, the offender is not eligible for bail on the outstanding matters, however, is eligible to appear at a public review hearing, so long as the balance of parole is greater than 28 days.
The Secretariat is advised of the offender’s return to custody and fixes a review date. Upon the public review date being set, the offender will be sent a bundle of documents (including the breach of parole report, a copy of the reasons for parole revocation and a document asking whether the offender would like to attend the review hearing, whether they would like to be legally represented and whether an interpreter is required.
If the offender seeks legal representation, this can be through the Aboriginal Legal Service, Prisoners Legal Service or a nominated private solicitor. More information about review hearings can be found in the Review Hearings section.