Revocation of Parole
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.
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 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 (an arrest made) and the offender is returned to a correctional centre.
Once returned to custody for revocation (breach) of parole, the offender is not eligible for bail. The offender is, however, eligible to appear at a public review hearing, providing the balance of parole is greater than 28 days.
Once the Secretariat is advised of the offender’s return to custody a review date for the public hearing is set. The offender is then 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, be legally represented and if an interpreter is required.
If the offender seeks legal representation, this can be through the
Prisoners Legal Service or a nominated private solicitor.
More information about review hearings can be found in the
Review Hearings section.