New charges can stall a parole application or end the prospect of re-parole altogether. How and when those charges are resolved can matter more to your release date than the charges themselves. This guide explains how the Adult Parole Board treats outstanding charges and what to think about before you plead.

Outstanding charges can delay a decision

The Board can defer your application while you have outstanding charges that could lead to a further prison sentence. It is reluctant to release someone who may soon be sentenced again, because that would cancel parole automatically. A contested hearing can take months, and by the time it is finished there may be too little of your sentence left for the Board to consider parole worthwhile. Community Correctional Services reports the outcome of the charges to the Board when they are finalised.

The Board can consider the allegation anyway

Pleading not guilty does not stop the Board from taking the allegation into account. It already has the police information. A not guilty plea simply leaves the matter unresolved.

Should you plead guilty?

Sometimes a prompt guilty plea to a minor charge, resolved with a fine, removes the main reason for delay and helps the application. It gives the Board a settled outcome and can be consistent with the honesty you have shown your parole officer.

The real risk is a prison sentence. Any term of imprisonment, however short, can prevent re-parole until it has been served, and it may be ordered to be served on top of your existing sentence. If you are convicted of an imprisonable offence committed during your parole period, you will generally have to serve at least half of the parole period that remained when your parole was cancelled before you can be released again. A short sentence on a minor charge can therefore wipe out any realistic chance of supervised release.

That is why the way a plea is structured matters. Which charges you plead to, which are withdrawn, and what the agreed facts say can make the difference between a fine that helps your application and a jail term that ends it. You should get advice on the parole consequences before you plead.

Frequently asked questions

Will pleading guilty to new charges stop me getting parole?

Not necessarily. A prompt plea to a minor charge resolved with a fine may help by removing a reason for delay. A plea that results in any prison sentence can prevent re-parole until that sentence is served. Get advice before you plead.

Can the Board consider charges that have not been proved?

Yes. The Board is not bound by the rules of evidence and can take police allegations into account whether or not a charge has been proved.

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About this guide

This guide was written by Angus Cameron & Partners, a Melbourne criminal defence firm. Our principal, Angus Cameron, is an LIV Accredited Specialist in Criminal Law and is listed in Doyle's Guide. We regularly act for people in custody seeking parole, including those whose parole has been cancelled, and we work with experienced barristers on parole submissions. If you or a family member needs help with a parole application, contact us for advice about your situation.