Granted by the parole board, parole begins when a person is released from prison and placed under a period of supervision, having already served part of their sentence in custody.

Eligibility for parole can vary from case to case. In cases where the offence is extremely serious, parole will not be offered at all. A violation of parole is likely to result in an immediate return to prison.

In order for an individual to be deemed eligible for parole, certain decision making factors must be considered, including:

  1. Does the individual post a risk to the public?
  2. Will the individual be able to successfully rejoin society?
  3. Has the individual been sufficiently rehabilitated whilst in prison?
  4. How old is the individual?
  5. Are they mentally stable?
  6. What is their marital status?
  7. Have they shown remorse for the crime they committed?
  8. How long a sentence have they already served?
  9. Have they committed any past offences?
  10. What was the category of the offence committed?
  11. How has their general behaviour been whilst in prison?

What is probation?

Probation is the term used for a set period of court supervision, when an offender avoids a prison sentence. Eligibility for parole is decided upon by a judge.

To be granted probation, an individual must meet a number of decision making factors which include:

  1. Obeying all laws
  2. Undertaking a period of community service
  3. Adhering to any court orders
  4. Reporting any chances to personal circumstances such as employment or address
  5. Avoiding excessive alcohol or drug use
  6. Taking regular drug tests
  7. Obtain permission to travel (which is usually restricted)
  8. Meeting spot checks from probation officers

If an individual breaks any of their designated probation rules, the agreed probation sentence can be immediately revoked.

If you need further information or to discuss your individual case, get in touch with our team of specialist solicitors, who are able to explain the possibilities open to you regarding your individual case. We can work with you to ensure the most favourable outcome is achieved in your case, whether you are facing a jail sentence, parole or probation.

Nb. This guide is intended to give general information only and not intended to be used as the basis upon which advice is given, nor should it be relied upon as giving advice specific to a case or individual. Lawtons do not accept liability for anyone using this guide. Should you require specific advice in connection with a real case or situation, please contact us immediately so that we can provide specific advice.