Revocation prior to release

The SPA can revoke a parole order at any time before an inmate is released from custody under Section 130 of the Crimes (Administration of Sentences) Act 1999. 

The circumstances under which the SPA can take this action includes when: 

  • an offender presents as a serious and identifiable risk to themselves or the community that cannot be mitigated by direction from Community Corrections or by changing the conditions of parole
  • an offender requests to remain in custody
  • there has been a substantial change in circumstances since the State Parole Authority made the order

Applications for revocation prior to release can be made by the inmate, Community Corrections, the Commissioner of CSNSW, the Attorney General of NSW or the Director of Public Prosecutions.

Such applications are considered by the SPA in a closed meeting and if satisfied it is appropriate, an order is made, signed by the SPA Secretary and sent to the correctional centre to ensure the inmate is not released from prison to parole.

A review hearing is held on a later date to assess again the decision to revoke prior to release.

If circumstances have changed and the inmate can demonstrate appropriate behaviour in custody or changes their mind about release to parole the SPA may reverse (rescind) the order and the inmate is given a date for release.

However, if the SPA finds the release of the inmate is not appropriate in the interests of community safety, the decision to revoke parole prior to release is confirmed.

Last updated:

19 Jul 2022

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