Have you been charged for breaching parole?
If you have been charged with breaching a term or condition of parole you will need a lawyer that handles these types of cases.
We have offices in Ringwood, Moorabbin, Frankston, Dandenong and the Melbourne CBD. We specialise in criminal law and have handled hundreds of breach offences.
Questions to consider include: How did you breach parole? Was it by further offending or non-compliance? Can you establish a reasonable excuse for breaching a condition of parole? Are Corrections wrong about your level of compliance with parole?
The offence of breaching a term or condition of parole
The Corrections Act 1986 s 78A
The prosecution must prove that the accused:
- is subject to a parole order;
- breached a prescribed term or condition of that parole order; and
- breached the order without reasonable excuse.
A proceeding for an offence under this section may be commenced within 2 years after the commission of the alleged offence (s 79A(2)).
Maximum penalty for offence to breach a term or condition of parole
The maximum penalty for breaching a term or condition of parole is 3 months imprisonment, 30 penalty units or both.
Questions to consider regarding breaching parole
Is the breach report provided by Corrections an accurate reflection of your conduct whilst on parole? Did you breach the order, either by way of non-compliance or further offending?
What to do next if you have breached parole
Contact an experienced team of criminal lawyers who can help ensure that your matter is thoroughly prepared. The courts do not like it when people come back to court for breach offences. If you do have to face court, make sure you have experienced criminal lawyers to put your case forward.
The legislation
Section 78A – CORRECTIONS ACT 1986
Offence to breach a term or condition of parole
- A prisoner while released under a parole order must not, without reasonable excuse, breach a prescribed term or condition of that parole order.
Penalty: 3 months imprisonment, 30 penalty units or both. - Despite anything to the contrary in section 7(1) of the Criminal Procedure Act 2009 , a proceeding for an offence under subsection (1) may be commenced within 2 years after the commission of the alleged offence.
Note
See sections 16 and 33 of the Sentencing Act 1991.
