State Parole Authority

Refusing Parole​

If the Auhtority makes a decision to refuse parole, the reasons for doing so must be recorded.

After refusing parole, the Authority must then determine whether the offender should automatically be granted a public review hearing, or whether the offender is required to convince the Authority, by way of an application, that a review hearing in court should be held.

When an offender is refused parole, they are provided with the documents the Parole Authority relied upon in making their decision. They also receive information that outlines why the Authority determined that it was not appropriate to grant parole, with reference to the legislation outlining the general duty of the Authority. 

If a review hearing is granted automatically, a document is sent to the offender to advise them of their appearance date (via audio-visual link) at the review hearing and asks the offender to nominate a legal representative. Most offenders are represented by Legal Aid's Prisoners Legal Service

If the Parole Authority has determined that an offender needs to apply for a review hearing, a document is sent to the offender explaining this information and asks them to complete the application and provide reasons as to why a review hearing is appropriate. This completed form is then returned to the Parole Authority for consideration in a private meeting.

In the event that an offender does not seek a review hearing or a review hearing is not granted, and more than 12 months remains on the sentence, an offender can apply for release to parole on their anniversary date, sometimes called an annual review date. 

In certain circumstances, offenders can apply for earlier parole consideration under the provisions of manifest injustice.