The Rules for Determining Parole for ‘Serious Offenders’ in NSW

Serial killer Paul Denyer has been refused parole in Victoria, three decades after he received three life sentences for murdering three women over a seven week period in Melbourne’s south-east.

The fact Denyer is eligible to apply for release on parole has triggered debate within Victoria’s parliament,  with calls from the opposition Liberal Party to  pass specific legislation to ensure that those who commit the most serious and abhorrent of crimes serve out their life sentences for the terms of their natural lives.

Turning to our state, what are the rules for serious offenders like Mr Denyer when it comes to eligibility for release on parole?

Parole in New South Wales

Parole is the release of a prison inmate into the community subject to conditions including supervision after the minimum terms of their sentence, also known as the non-parole period, has expired.

Parole is seen as an important step in gradually re-integrating offenders back into the community, and evidence shows undertaking a period of parole reduces the risk of re-offending for most offenders.

An inmate’s parole period is normally determined at the time they are sentenced.

A judge will set a minimum term, or non-parole period, during which the inmate is not permitted to apply for release on parole; he or she must serve the time in prison.

Once the inmate has completed the non-parole period, he or she will assessed for suitability to complete the rest of their sentence in the community on parole.

In circumstances where a person is sentenced to imprisonment for 6 months or less, a non-parole period is not set; in other words, the sentence if for a fixed term behind bars.

Where a person is sentenced to a total term of less than 3 years in prison, he or she will automatically be granted parole after the non-parole period’s expiry.

Those who are sentences to more than 3 years in prison will need to apply for release on parole upon the expiry of the parole period, and whether he or she will be released is a discretionary matter determined by the State Parole Authority.

The NSW State Parole Authority is the independent body charged with. making parole decisions and setting parole conditions.

When Can Parole Be Granted?

Section 135 of the Crimes (Administration of Sentences)Act 1999 (NSW) prohibits the State Parole Authority from granting parole unless it is satisfied, on the balance of probabilities, that granting parole is “appropriate in the public interest”.

What Factors Are Taken Into Account When Determining Parole?

In making this decision, they are to consider a range of factors including:

If parole is refused, the NSW State Parole Authority will generally review this decision again in 12 months time.

Serious Offenders and Parole