If a prisoner’s parole has been cancelled and a substantial amount of time remains on their sentence (taking into account any time to count that may have been granted by the Board), the prisoner may apply to the Board to be released on parole again.
The process for applying for re-parole is very similar to the process for applying for parole. The main differences relate to when the application can be made.
If the prisoner committed new offences while on parole and has received an additional sentence of imprisonment for those offences, when he or she can apply for re-parole may depend on the details of that new sentence.
In addition, the Corrections Act 1986 contains a requirement that a prisoner who has been convicted of an offence that is punishable by imprisonment and that they committed while on parole must serve at least half of the parole period that was remaining at the time their parole was cancelled, unless the Board decides that circumstances exist which justify re-paroling at an earlier time.
Chris is released on parole on 1 February 2016. His parole is due to expire two years later on 31 January 2018.
In April 2016, two months after he is released on parole, he is arrested by police immediately after committing a burglary. Police notify the Board, which cancels his parole. At the time the Board cancels his parole, he had completed two months of his parole and had 22 months remaining.
In June 2016, two months after his arrest and parole cancellation, he pleads guilty to the burglary in the Magistrates Court, which convicts him and sentences him to one month imprisonment, to be served in addition to his original sentence.
He applies to the Board to be re-paroled.
The Corrections Act 1986 states that he should not be released on parole again until he has served in prison half of the parole period that was remaining when his parole was cancelled. In his case, his parole was cancelled in April 2016, when he had 22 months of his parole period remaining. Half of that is 11 months.
Eleven months from April 2016 is March 2017. This means that the Board could not re-parole him earlier than March 2017, unless the Board was satisfied that circumstances exist that would justify re-paroling him earlier at an earlier time.
If the prisoner did not commit any new offences while on parole, they are immediately eligible to apply for re-parole. This does not mean that the Board will grant them parole.
In considering any application for re-parole, the Board will carefully examine the reasons why the previous parole was cancelled and what, if anything, the prisoner has done to address the reason for parole being cancelled (for example, the completion of any relevant programs in prison).
The Board may deny an application for re-parole if the prisoner performed very poorly on the previous parole and there is little time remaining on the sentence.