Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Parole refers to a prisoner’s release into the community under supervision. The release is subject to conditions after the offender has served the non-parole period of a prison sentence. Parole in Queensland is either court-ordered or board-ordered and is governed by the Penalties and Sentences Act 1992 and the Corrective Services Act 2006.
Offenders who are sentenced to imprisonment for up to 3 years have a parole release date issued by the court at the time of sentencing. This does not include those sentenced for sex offences or serious violence offences.
Offenders who have a parole eligibility date must apply to the Parole Board for release. A prisoner cannot apply:
- before 180 days until their parole eligibility date;
- until the date specified by the board;
- if they have lodged an appeal against their conviction or sentence.
A prisoner can be released from custody before their parole eligibility date if they can prove exceptional circumstances exist.
Whether a prisoner’s sentence sets a release date or an eligibility date depends on the type of offence and the term of imprisonment.
All parolees are supervised in the community by Corrective Services until their sentence ends.
Serious violent offences and life sentences
Prisoners who have committed “serious violent offences”, such as child sexual offences, must serve 80 per cent of their sentence or 15 years, whichever is less, before they can apply for parole. A prisoner serving a life sentence must serve 15 years in prison before being eligible. This term increases to 20 years if the prisoner has a life sentence for multiple counts of murder or previous murder convictions.
The Parole Board is an independent body charged with making parole decisions. Community safety is its highest priority in deciding whether a prisoner should be released.
The board’s tasks include determining:
- applications for exceptional circumstances parole;
- whether to amend or suspend parole;
- whether to allow a parolee to travel interstate for longer than 7 days;
- whether to allow a parolee to travel overseas;
- applications where the No Body No Parole provisions apply;
- applications where the prisoner has links to terrorism.
In assessing a prisoner’s suitability, the board will consider factors such as:
- the prisoner’s criminal history and offending pattern;
- any circumstances likely to increase the risk the prisoner presents to the community;
- whether the offending was a serious sexual offence or serious violent offence;
- the parole recommendation and judge’s comments at sentencing;
- any medical, psychological or psychiatric risk assessment report for the prisoner;
- the prisoner’s behaviour in prison;
- the prisoner’s progress and compliance with rehabilitation and intervention programs in prison.
- access to community support or services for the prisoner upon release;
- accommodation for the prisoner upon release.
Judicial review by the Supreme Court is the only appeal process available to a prisoner if they disagree with a parole decision. A review is limited to the legality of the decision (not the merits) and the court cannot substitute a decision made by the board.
No Body No Parole laws
The board must refuse parole to a prisoner who is serving a jail sentence for homicide and the body or remains (or part thereof) of the victim have not been found. The exception is if the board is satisfied the prisoner has co-operated in identifying the victim’s location.
Conditions attached to parole are wide and varied but there are standard conditions attached to every order. Such standard conditions are that the prisoner must:
- not commit an offence;
- submit to drug testing if required;
- report as required to Corrective Services;
- follow instructions from Corrective Services;
- notify of any charge of address or employment.
Other conditions are tailored to the offender, and are designed to ensure the prisoner’s good behaviour in the community and prevent offending. Such conditions might include a curfew, the wearing of a tracking device, or the addressing of mental health concerns.
If a prisoner does not comply with conditions, the board has several options.
The board can immediately suspend parole if it believes a prisoner:
- has failed to comply with the order;
- poses a serious risk of harm to someone;
- poses an unacceptable risk of committing an offence;
- plans to leave the state without approval;
- has been charged with a further offence.
Once parole is suspended, a warrant is issued for the prisoner’s return to prison. Once the prisoner is returned to prison, they are asked to “show cause”. The board considers the response and can defer the decision for further information, lift the suspension, or cancer and/or amend the order.
If a prisoner commits a further offence while on parole and is sentenced to prison for it, parole is automatically cancelled. If the prisoner is sentenced to an intensive corrections order or a wholly suspended sentence, parole is not automatically cancelled but the sentence is considered in determining whether to cancel it.
For advice or representation in any legal matter, please contact Armstrong Legal.
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WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
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