Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
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."
Applying for Parole (WA)
A prisoner will be considered for parole in Western Australia by the Prisoners Review Board when they become eligible. The Board can grant, defer or refuse parole to a prisoner, and will take into account factors that affect the prisoner, the victims, and the broader community.
If parole is granted, an order will set out the date of the prisoner’s release and the specific conditions that have to be met while they are on parole. A parolee is supervised by Corrections and must comply with conditions to protect the community and to allow the Board to monitor their behaviour.
Parole is more likely to be granted to a prisoner who has complied with prison rules and shown a commitment to maintaining a positive lifestyle and to becoming a valuable member of the community.
The law that governs parole in Western Australia is the Sentence Administration Act 2003.
When a Western Australian court imposes a prison sentence, it decides whether the defendant will be able to apply for parole and at what point in their sentence they may apply. When a court is sentencing a person for a very serious offence, it may elect not to set a non-parole period. This means that the prisoner will have to serve the whole of their prison sentence in prison. .
Prisoners who are eligible in Western Australia will be given a date when parole can be considered.
Under the Sentence Administration Act 2003, when a person is sentenced to four years imprisonment or less, they must serve half of their term in prison before being eligible for parole. When a person is sentenced to more than four years imprisonment they are eligible for parole when they have served all but two years of their prison sentence.
When a prisoner has not committed a ‘serious offence’ and is not a ‘prescribed prisoner’ and has been sentenced to less than 12 months imprisonment, parole is automatic.
A prescribed prisoner is a person who:
- is serving a sentence for a serious offence
- has served a sentence for a serious offence within the last five years or
- was subject to an early release order that was cancelled in the two years before the current sentence.
To be considered for parole in Western Australia, a prisoner must submit a parole plan to the Prisoners Review Board. The plan is considered by the Board when deciding whether to grant parole to a prisoner. The Prison Unit Supervisor or a Community Corrections Officer can assist in preparing it.
The plan should include:
- the address where the prisoner proposes to live and the names of others living there. A plan which proposes the prisoner live with the victim of a violent crime will not be accepted.
- details of any community support the offender will receive if released
- details of the work the person will do, including voluntary work, or the training they will undertake
- a list of all the skills and education training the prisoner has undertaken in prison, along with copies of certificates
- a list of any programs completed by the prisoner while serving their sentence, along with copies of certificates
- details of the services the prisoner plans to access to meet their treatment needs
- any other information the prisoner wishes to present, including any written commitment from a family member, friend or welfare agency that confirms they will help the prisoner upon their release into the community.
Parole review report
When a prisoner is being considered for parole, a parole review report is prepared by Community Corrections. This report is sent to the Board along with the parole plan devised by the prisoner, and any medical reports, or Treatment Programme Completion report. The parole review report will include information about:
- the prisoner’s behaviour in prison;
- any rehabilitation programs the prisoner has participated in;
- the proposed support for the prisoner in the community;
- whether any ongoing treatment the prisoner needs is available in the community;
- the prisoner’s supervision history, including incidents, charges, victim issues, health, participation in treatment programs, living arrangements, support in the community and employment.
Persons affected by the prisoner’s offending can write a letter to the Board setting out their views on the effect the prisoner’s release may have on them and the rest of the community.
Refusal by the Board
When the Board decides to deny parole to a prisoner in Western Australia, it must give written reasons. A review of a negative decision can be requested if the decision:
- doesn’t comply with the Sentence Administration Act or regulations
- there was an error of law by the Board
- incorrect or irrelevant information was provided or correct information was not provided.
Only one review can be requested after a refusal of parole. A new application can be made if the prisoner has new information that will be significant to the Board.
If a parolee doesn’t comply with a condition of their parole in Western Australia, this is called a breach of parole. When the Board is informed of a breach, it can:
- send a warning letter to the parolee
- suspend or cancel parole.
If parole is suspended, the parolee will be arrested, returned to prison for a fixed period, and then re-released on parole. If parole is cancelled, the parolee will be arrested and sent to prison until the end of their sentence or until the Prisoners Review Board agrees to grant them parole again.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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.
WHY CHOOSE ARMSTRONG LEGAL?
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
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Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000