Have You Breached Your Parole?
This brochure outlines the steps to take if you have breached your parole If you breach parole (eg. fail to report, or give a positive urinalysis, or commit an offence while on parole), a report will be sent to the Parole Authority.
July 2008
The Parole Authority may then:
- take no action or
- send a warning letter or
- direct you to attend and explain or
- revoke parole, and issue a warrant.
Revocation of parole means your parole has been cancelled.
Warrant for Revocation of Parole
If the Authority revokes parole it will issue a warrant for your arrest and you will be returned to gaol. Bail is not possible on arrest for revocation of parole and you will not be taken before a court (unless, at the same time you are charged with a fresh offence).
Once you are returned to custody, the Authority is advised and it then fixes a date when it will review the revocation of parole. This is a hearing at which you can appear and be represented. The hearing is usually four to six weeks after you have been returned to custody.
Legal aid is available for this hearing through the Prisoners Legal Service (Legal Aid NS W). Contact the PLS on 8688 3888 (reverse charges) as soon as you receive notice of the hearing date.
Review Hearing andRe-parole
The purpose of the hearing is to check all the circumstances relating to the revocation of your parole.
If the Authority decides that parole should not have been revoked, it will rescind the revocation. This means that parole is restored and you will be released from custody.
Alternatively, the Authority will confirm the revocation of parole. This means that you remain in custody and you can later apply for parole.
However, since amendments made in October 2005, parole cannot be re-granted unless 12 months has been served.
Balance of Parole/Additional Term
When you are returned to custody on the revocation warrant you will be informed of the balance of your parole. Please note that “street time” stops running from the date of the breach of parole. For example, if you are arrested six months after the breach, that six months does not count towards your sentence.
Even though your parole period has finished, it can still be revoked if the breach occurred during the parole period. For example, it is not unusual for a plea of not guilty to be entered to a charge which occurs during the parole period but, the hearing is not completed until after the parole period. If found guilty, your parole can still be revoked as from the date of the offence.
Avoiding Revocation of Parole
Keep in contact with your parole officer. If you miss an appointment, have a positive urinalysis or are charged with an offence, contact your parole officer and discuss it. This may result in a warning letter rather than revocation of parole and a warrant for your arrest.
Where are the hearings held?
The hearings are held in Court 7, Western Trial Courts, Parramatta Justice Precinct, 160 Marsden Street (cnr George St) Parramatta.
Contact 8688 3888 or LawAccess NSW on 1300 888 529 for more information.
Need an interpreter?
If you have difficulties communicating in English, phone the Translating and Interpreting Service (TIS) on 131 450 and ask them to call LawAccess NSW.
Hearing/speech impaired?
If you are hearing/speech impaired, you can communicate with us by calling the National Relay Service (NRS) on 133 677.
Produced by the Publications Unit of Legal Aid NSW. For copies email: or ring 9219 5028.
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