NCJ Number
61774
Date Published
1979
Length
89 pages
Annotation
ISSUED BY THE AUSTRALIAN LAW REFORM COMMISSION, THIS PAPER DISCUSSES THE FEDERAL SYSTEMS OF PAROLE, VARIOUS CRITICISMS OF THE SYSTEM, AND PROPOSED REFORMS, AND CONCLUDES THAT THE FEDERAL SYSTEMS OF PAROLE SHOULD BE ABOLISHED AND SHOULD BE REPLACED WITH MORE DETERMINATE SYSTEMS OF SENTENCING.
Abstract
FOLLOWING AN INTRODUCTION TO THE AUSTRALIAN PAROLE SYSTEM, DISCUSSION TURNS TO SPECIFIC ASPECTS OF THE COMMONWEALTH PAROLE SYSTEM, INCLUDING SENTENCING AND PAROLE, RELEASE FROM PRISON, AND CONDITIONS OF RELEASE, AS WELL AS BREACH OF PAROLE OF LICENSE AND REMISSION. THE COMMONWEALTH PAROLE SYSTEM OPERATES FOR OFFENDERS AGAINST THE LAWS OF THE COMMONWEALTH UNDER THE PROVISIONS OF THE 1967 COMMONWEALTH PRISONERS ACT. THE ACT APPLIES TO THESE OFFENDERS IN BOTH THE STATES AND TERRITORIES, WHILE SEPARATE LEGISLATION ESTABLISHES A SYSTEM OF PAROLE FOR OFFENDERS AGAINST LAWS OF THE AUSTRALIAN CAPITAL TERRITORY. DATA WERE OBTAINED FROM THREE SURVEYS--A JUDICIAL OFFICERS SURVEY, A PRISONERS SURVEY, AND A PUBLIC SURVEY. THESE DATA, ALONG WITH THE RESULTS OF SEVERAL PREVIOUS REPORTS ON THE SYSTEM, LED THE COMMISSION TO COMMENT ON SUGGESTIONS ABOUT REFORMING THE PAROLE SYSTEM. THE MAIN OPTIONS INCLUDE AMENDING THE PROVISIONS ON THE COMMONWEALTH PRISONERS ACT TO REMOVE INJUSTICES, PLACING A COMMONWEALTH OFFICER IN EACH STATE TO HANDLE PAROLE, AND ESTABLISHING A COMMONWEALTH PAROLE SERVICE. OTHER OPTIONS ARE TO PRESCRIBE MINIMUM TERMS OF IMPRISONMENT BY STATUTE AND TO INSTITUTE PROCEDURES THAT RECOGNIZE THE REQUIREMENTS OF NATURAL JUSTICE, PRIVACY, AND FAIRNESS. HOWEVER, THE COMMISSION NOTES THAT A MORE PREFERABLE METHOD OF REDUCING THE RATE OF IMPRISONMENT IS TO CUT BACK ON THE MASS CRIMINAL LAWS WHICH ATTRACT IMPRISONMENT AS A PENALTY. A TOTAL OF 184 FOOTNOTES IS PROVIDED. FOR RELATED DOCUMENT, SEE NCJ 61773.