Eligibility for Parole
When imposing a prison sentence, the Judge or magistrate will determine if the convicted person is eligible for parole. This is in accordance with section 89 of the Sentencing Act 1995.
- The Court determines if the prisoner is eligible for parole.
- The Board determines if the prisoner is suitable for release to parole.
When will a prisoner be considered for parole?
When a prisoner is sentenced to a term of imprisonment with parole eligibility, an Earliest Eligibility Date for release to parole will be calculated in accordance with section 93 of the Sentencing Act 1995. The Board will consider a prisoner's case approximately two to six weeks before the prisoner’s Earliest Eligibility Date.
Occasionally, a prisoner will be considered for parole after their Earliest Eligibility Date due to the ‘backdating’ of their sentence. A prisoner’s sentence can be ‘backdated’ whereby the prisoner has been remanded in custody awaiting sentencing, and at the time of sentencing, the Judge or magistrate will ‘backdate’ the sentence to begin from the date of first entry into custody. If this occurs, the prisoner will be reviewed by the Board as soon as practicable (usually six weeks thereafter).
When can a Parole Order be made?
The Board can only make a Parole Order to begin on or after a prisoner’s Earliest Eligibility Date. A prisoner cannot be released to parole by the Board before their Earliest Eligibility Date.
A Sentence of Less than Four Years
When a prisoner is sentenced to a term of imprisonment of four years or less (with parole eligibility), the prisoner is eligible for release to parole when they have served half of their sentence.
For example, if a prisoner has a sentence of two years, the prisoner is eligible for parole after serving one year of their sentence.
A Sentence of More than Four Years
When a prisoner is sentenced to a term of imprisonment of more than four years (with parole eligibility), the prisoner is eligible for release to parole two years prior to their Sentence Maximum Date.
For example, if a prisoner has a sentence of seven years, the prisoner is eligible for parole after serving five years of their sentence.
In Western Australia, a prisoner cannot partake in a period of parole of longer than two years. This excludes prisoners who are serving a life or indefinite term of imprisonment.
Life and Indefinite Term Prisoners
The Board considers the matters of prisoners sentenced to life and indefinite terms of imprisonment. The Board cannot release a prisoner sentenced to a life and indefinite term on parole. This authority lies with the Attorney General and Governor. Instead, the Board makes 'recommendations' to the Attorney General. In these cases:
- The Board will prepare a report for the Attorney General making a recommendation with regards to the prisoner's release to parole;
- The Attorney General will accept or not accept the Board’s recommendation;
- The Attorney General's decision will be progressed to the Governor for approval in Executive Council;
- The decision is confirmed and the prisoner will be informed thereafter.
Can a prisoner deny their own parole consideration to stay in prison?
A prisoner will not be considered for release to parole if they have given written notice to the Board that they do not want to be considered for release to parole (under Section 33(1) of the Sentence Administration Act 2003 (WA).
For example, a prisoner may want to participate in a custodial treatment programme prior to being considered for release to parole. Therefore, the prisoner submits a ‘Deny Own Parole Consideration Request’ to the Board. Accordingly, the prisoner will not be considered for release to parole.
A prisoner who requests not to be considered for release to parole, will remain in prison until their sentence maximum date. Although, a prisoner has the right to re-apply for parole consideration at any time after submitting a ‘Deny Own Parole Consideration Request’. This re-application request will be actioned appropriately.
Last updated: 8 April 2025