A cancellation does not mean you will serve the rest of your sentence in prison. You can apply to be released on parole again, but the Board looks harder at re-parole applications, and timing matters more. This guide explains when you can apply, what the Board looks at, and why delay is the main risk.

Applying for re-parole

The Board can release you on parole again after a cancellation. You apply on a separate short form for applications after cancellation. If the Board progresses the application, Community Correctional Services prepares a re-parole assessment, which looks at why your parole was cancelled and what you have done since returning to custody.

When you can apply

If you did not commit any new offences on parole, you can apply for re-parole straight away. If you were convicted of an imprisonable offence committed while on parole, you must generally serve at least half of the parole period that was left when your parole was cancelled before the Board can re-parole you, unless it decides that circumstances justify earlier release. A new prison sentence can also affect when you can apply.

What the Board looks at

The Board looks at the same factors as for a first grant of parole, but places even greater weight on how you performed on parole last time. It will look closely at how well you complied, why your parole was cancelled, and whether your plans for release deal with those problems.

Time remaining on your sentence matters

The Board will often refuse parole if there is not enough time left on your sentence for a meaningful period of supervision in the community. Its annual reports show this is one of the most common reasons for refusal. This means delay is a real risk. Every month that passes before a decision reduces the supervision period the Board can work with.

Your sentence dates are not always what you think they are. Pre-sentence detention, emergency management days and any time-to-count direction all affect them. A sentence calculation from Corrections Victoria is the reliable source and should be obtained early.

Improving your chances

Show the Board you have dealt with whatever led to the cancellation: complete relevant programs, keep your behaviour in custody clean, and put forward a release plan that answers the problems last time, including accommodation and supports. A concise written submission can bring this together. See Parole Lawyers Melbourne.

What you and your family can do now

  • Ask Corrections Victoria for a sentence calculation, including whether a time-to-count decision has been made.
  • Talk to your case manager or parole officer about when your assessment is due and what concerns Corrections has.
  • Line up accommodation, and a backup option.
  • If you have new charges, get advice on the parole consequences before entering any plea.

Frequently asked questions

Can I apply for re-parole straight away?

Yes, if you did not commit any new offences while on parole. If you were convicted of an imprisonable offence committed on parole, you will generally have to serve at least half of the parole period that was left before you can be re-paroled.

Why would the Board refuse parole because I have only a few months left?

The Board wants enough time for a meaningful period of supervision in the community. If too little of your sentence remains, it may decide parole would serve little purpose. This is why avoiding delay is so important.

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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.