Manifest injustice

If an offender is refused parole, legislation prescribes they must wait 12 months before they can be considered for parole again.

However, they can be re considered before the 12 months if their situation meets the provisions of manifest injustice.

Regulation 223  of the Crimes (Administration of Sentences) Regulation outlines the provisions as:

• The decision to refuse parole was made on the basis of false, misleading or irrelevant information 
• It becomes apparent that a matter that was relevant to the decision to refuse parole is no longer relevant 
• It becomes apparent that a matter that was relevant to the decision to refuse parole has been addressed in a way that warrants reconsideration of the decision or can be so addressed by imposing additional conditions on parole 

Inmates and/or their legal representatives can submit applications for manifest injustice. Community Corrections can also make such requests.

Evidence must be provided that a provision of manifest injustice is satisfied before the SPA will consider the matter at a closed meeting. In all cases a report from Community Corrections is required.

If release to parole is determined to be appropriate under the provisions of manifest injustice, then a parole order is made and the inmate given a release date from custody.

If the SPA finds the provision of manifest injustice do not exist it will give reasons for the decision and re-list the matter for consideration on the inmate's anniversary date (if sufficient time remains).