It’s often assumed that federal offenders will automatically be released on parole at the end of their non-parole period, especially if they have shown good behaviour.
However this assumption does not match the reality, in which Commonwealth offenders (including those detained at low-security prison farms) have been refused parole.
The ‘Adverse Comments Letter’ is an indication that an offender may not be released. These letters usually raise concerns about a range of issues including release plans, behaviour in custody, compliance with past community-based orders, rehabilitative needs and the nature and circumstances of the criminal history. The primary concern is that the offender poses an unacceptable risk to the community and should not be released.
For this reason it’s essential to make comprehensive submissions in reply, addressing any concerns and making a case for why parole should be granted. We recently had two clients in this situation. Both received ‘Adverse Comments Letters’ from the Commonwealth Parole Office raising concerns as to whether they should be released on parole. They engaged our office to prepare responses on their behalf. After making submissions in reply, a delegate of the Attorney-General ordered their release to parole.
If you or a loved one find yourself in similar circumstances, contact our parole lawyer for advice.
