Who can apply for parole?

Only people with sentences that have a non-parole period can apply for parole.

What is a non-parole period?

There are three types of prison sentences:

1. Straight sentences
2. Combination sentences (prison plus a Community Correction Order)
3. Sentences with a non-parole period.

Straight sentences

Straight sentences have one part: the period of imprisonment. For example, if a person is sentenced to 11 months’ imprisonment.

Straight sentences do not have a non-parole period.

Combination sentences

Combination sentences have two parts:

• The period of imprisonment; and
• A Community Correction Order (CCO).

For example, a person is sentenced to 18 months’ imprisonment with a 12-month CCO. The CCO starts when the person is released from prison.

Combination sentences do not have a non-parole period.

Sentences with a non-parole period

Sentences with a non-parole period have two parts:

• The head or top sentence (the longest part of the sentence, which is the maximum time a person could be in prison); and
• The non-parole period (the minimum time a person must spend in prison before they can apply for parole).

For example, a person is sentenced to 4 years’ imprisonment (head sentence), with a non-parole period of 2 years.

People with this type of sentence will be eligible to apply for parole.

Important:

• Sentences of less than 12 months cannot have a non-parole period.
• Sentences of 12 – 24 months may have a non-parole period – it’s up to the sentencing Magistrate or Judge.
• Sentences of 24 months or more must have a non-parole period (unless parole would be inappropriate because of the nature of the offence or the person’s criminal history).