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Revoking an ICO and issuing a warrant for an offender’s arrest and return to custody is the most severe penalty the Parole Authority can take in response to a breach.
Legislation prescribes that the Authority can revoke the order:
a) if it is satisfied that the offender has failed to comply with the offender’s obligations under the order, or
b) if it is satisfied that the offender is unable to comply with the offender’s obligations under the order as a result of a material change in the offender’s circumstances, or
c) if the offender fails to appear before the Parole Authority when called on to do so under section 180, or
d) if the offender has applied for the order to be revoked.
When deciding if revocation of the order is the most appropriate response to the breach, the Authority must choose an effective date of revocation and identify the conditions on the ICO the offender has breached.
A warrant for an offender’s arrest and return to custody is then created by the Secretariat which is signed and forwarded to NSW Police for placement on their COPS system. T
This warrant stays on the COPS system until the offenders is arrested and returned to prison.
The warrant will outline the:
Once returned to prison, the offender is not eligible for bail on the outstanding matters but is entitled to a review hearing if time allows.
The Authority's Secretariat is notified of the offender’s return to custody and sets a review hearing date. The offender is then sent documents including:
Under the legislation, the Authority has powers to reinstate ICO orders at a review hearing.
Offenders must serve at least 1 month in prison before making any application for reinstatement of an ICO.
07 May 2025