If the Adult Parole Board cancels your parole, you are returned to prison to serve the rest of your sentence, and the time you spent on parole may not count. This guide explains why parole is cancelled, what happens if you are arrested while on parole, and how street time works.

Why parole gets cancelled

The Board can cancel parole at any time. It does not need to find that you breached a condition or committed a new offence. Parole is often cancelled as a risk-management response, for example after a relapse into drug use, missed appointments, loss of accommodation or new charges. Drug use, particularly ice, is the most common reason parole is cancelled. The question for the Board is whether the risk to the community has grown to the point where it outweighs the benefit of you staying on parole.

Breaching a condition

Breaches range from missing an appointment to committing a serious offence, and not every breach leads to cancellation. Your parole officer reports the circumstances to the Board. Where a breach does not point to a serious increase in risk, the Board may warn you or change your conditions, for example by increasing drug testing or changing curfew hours. Persistent breaches can lead to cancellation even if the risk has not increased much, because the Board takes the view that the community gets no benefit from parole that is not being taken seriously.

Cancellation without a breach

The Board can also cancel parole when you appear to be complying, if something else suggests your risk has increased. For example, it may cancel parole while police investigate a serious incident you were present at, even before any charge is filed.

Arrest while on parole

If police arrest you for an offence while you are on parole, they must notify the Board within 12 hours and hold you until a Board member decides whether you should stay in custody. If you are held, the Board decides whether to cancel your parole, usually on the same day or the next working day. If you have been charged with new offences, the Board can cancel parole straight away rather than wait for the court outcome.

Automatic cancellation and return to custody

If you are sentenced to another term of imprisonment for an offence committed while on parole, your parole is cancelled automatically.

Once parole is cancelled, a warrant is issued and you are returned to custody to serve the rest of your sentence, unless the Board releases you again.

Does time on parole count? ("Street time")

Time on parole normally counts as time served, day for day. If you finish your parole without it being cancelled, you have completed your sentence.

When parole is cancelled, the time you spent on parole does not count as time served unless the Board directs that it does. This is often called "street time" or "time to count". Without a direction, your sentence end date moves later by the length of time you were on parole.

Cancellation automatically triggers a review by the Board, usually shortly after you return to custody, based on a Return to Custody Report from Community Correctional Services. It tends to give credit to people who genuinely engaged with supervision, even if they relapsed. It rarely gives credit to someone who was on parole for less than three months, and is very unlikely to where parole was cancelled because of serious offending or where the person made little effort with the supports provided.

Although you do not need to apply, you or your lawyer can make a written submission on time to count. A favourable direction brings your sentence end date forward, and can sometimes be worth more than anything else that can be done for you.

What happens next

After a cancellation you can apply to be released on parole again. See Re-Parole in Victoria. If you are facing new charges, how they are resolved can decide whether re-parole is possible at all. See Parole and New Charges in Victoria.

Frequently asked questions

Can my parole be cancelled if I have not breached any conditions?

Yes. The Board can cancel parole whenever it considers the risk to the community has increased too far, even if you appear to be complying.

Does my time on parole count if my parole is cancelled?

Only if the Board directs that it counts. Otherwise, the time you spent on parole is added back to your sentence.

Do I need to apply for street time?

No. When parole is cancelled, the Board automatically reviews whether any of your time on parole should count. A written submission can still help, especially if you engaged well with supervision before the cancellation.

Related guides

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.