Separation of judicial and administrative roles Parole is therefore a product of both judicial and administrative decision-making; however, there is a clear delineation between the two, such that a cannot ‘sentencer direct the authority to release an offender on parole, nor can the authority compel an eligible offender to accept an offer of release’. Further, a parole cannot order parole before the non-parole period has elapsed, nor discharge an offender from a sentence earlier than the date of completion for the sentence while the offender is under parole. In formulating a sentence, a court cannot have regard to parole board policies and cannot speculate about future possible decisions of a parole board to grant or cancel parole. The clear separation between the powers of the court and those of the parole board is evident from the majority judgment of the High Court in Power v The Queen: To interfere with [a] sentence is not within the authority of the paroling authority. Its authority is to release the prisoner conditionally from confinement in accordance with the sentence imposed upon him. The sentence stands and during its term the prisoner is simply released upon conditional parole. Indeed, we think it is a misnomer to refer to a minimum sentence and a maximum sentence. In truth there is but one sentence, that imposed by the judge, which cannot be altered by the paroling authority. A fundamental tenet of parole is that the offender on parole is still deemed to be under the original custodial sentence until the period so elapses or until the prisoner is ‘parole otherwise discharged from the prison sentence’. However, once the parole period has elapsed, the prisoner has served the sentence and is wholly discharged. Corrections Victoria is responsible for supervising offenders in the parole system. Community Correctional Services staff monitor compliance with conditions, facilitate access to and deliver programs, and report to the Adult Parole Board on an offender’s progress. This report considers parole in relation to sentences imposed by the courts, rather than the administration of those sentences by Corrections Victoria. The key research questions in this report seek to examine trends regarding the way in which sentences involving parole are imposed, rather than examining questions relating to the administration of parole, such as the amount of time offenders spend in custody after the expiry of their non-parole period, or the rate at which offenders breach parole.
Separation of judicial and administrative roles Parole is therefore a product of both judicial and administrative decision-making; however, there is a clear delineation between the two, such that a ‘sentencer cannot direct the authority to release an offender on parole, nor can the authority compel an eligible offender to accept an offer of release’. Further, a parole cannot order parole before the non-parole period has elapsed, nor discharge an offender from a sentence earlier than the date of completion for the sentence while the offender is under parole. In formulating a sentence, a court cannot have regard to parole board policies and cannot speculate about future possible decisions of a parole board to grant or cancel parole. The clear separation between the powers of the court and those of the parole board is evident from the majority judgment of the High Court in Power v The Queen: To interfere with [a] sentence is not within the authority of the paroling authority. Its authority is to release the prisoner conditionally from confinement in accordance with the sentence imposed upon him. The sentence stands and during its term the prisoner is simply released upon conditional parole. Indeed, we think it is a misnomer to refer to a minimum sentence and a maximum sentence. In truth there is but one sentence, that imposed by the judge, which cannot be altered by the paroling authority. A fundamental tenet of parole is that the offender on parole is still deemed to be under the original custodial sentence until the ‘parole period so elapses or until the prisoner is otherwise discharged from the prison sentence’. However, once the parole period has elapsed, the prisoner has served the sentence and is wholly discharged. Corrections Victoria is responsible for supervising offenders in the parole system. Community Correctional Services staff monitor compliance with conditions, facilitate access to and deliver programs, and report to the Adult Parole Board on an offender’s progress. This report considers parole in relation to sentences imposed by the courts, rather than the administration of those sentences by Corrections Victoria. The key research questions in this report seek to examine trends regarding the way in which sentences involving parole are imposed, rather than examining questions relating to the administration of parole, such as the amount of time offenders spend in custody after the expiry of their non-parole period, or the rate at which offenders breach parole.
Parole%20and%20Sentencing%20Research%20Report.docx