News · Criminal law explainer
Parole and early release in NSW and the ACT.
The United Kingdom is releasing prisoners part-way through their sentences to relieve prison overcrowding, with a further set of automatic-release changes due to commence on 1 October 2026 and serious offences carved out. The story is being read closely in Australia. It is worth being clear about the Australian position: there is no executive scheme here that lets a government release people early to free up cells. Release before the end of a sentence runs through the non-parole period and the parole authorities. This note explains how that works in New South Wales and the ACT.
By Aaron Kernaghan · Published 2 September 2026
Does Australia have an early-release scheme like the UK's?
No. The English scheme reported this week is a policy response to prison capacity. It moves the automatic release point for many determinate sentences and excludes categories the government has chosen to keep out, including some sexual and serious violent offending. It is a decision of the executive and the Parliament about when release happens by operation of law.
Australia does not release sentenced prisoners on that basis. A person here is released before the end of a full sentence only through parole, and parole is built into the sentence by the court at the time it is imposed. The court fixes a total sentence and, within it, a shorter period that must be served in custody. Release to the community for the balance is either ordered by the court or decided later by an independent authority, on the facts of the individual case. Overcrowding is not a lawful reason to let someone out.
So the questions people are asking about the UK translate, in NSW and the ACT, into questions about the non-parole period and the parole system. The rest of this note answers them.
What is a non-parole period?
A non-parole period is the least time a person must spend in custody before they can be released on parole. It is the earliest release date. A person cannot be let out before it ends. When a court in New South Wales sentences a person to full-time imprisonment, section 44 of the Crimes (Sentencing Procedure) Act 1999 (NSW) requires it to set the non-parole period first, then the balance of the term. The balance must not be more than one-third of the non-parole period, unless the court finds special circumstances. In plain terms that sets the non-parole period at three-quarters of the head sentence, with a discretion to go lower where special circumstances are shown.
The court can decline to set a non-parole period in limited cases under section 45, for example where the sentence is short or where the person is already serving a sentence that fixes the picture. For very short sentences of six months or less the court does not set a non-parole period at all.
Some serious offences carry a standard non-parole period. That figure, set out in the Table to Division 1A of Part 4 of the Act, stands for an offence in the middle of the range of objective seriousness. It is a reference point the court has regard to. It is not a floor the court must reach, and the High Court has confirmed it operates as a guide rather than a starting point that binds the discretion.
How does parole work in NSW?
Parole is release to serve the rest of the sentence in the community under supervision. The person is not finished with the sentence. They remain under it until the head sentence expires, and they must comply with conditions for the whole parole period.
The path to parole depends on the length of the sentence. For a sentence of three years or less, the court makes the parole order when it sentences. Release at the end of the non-parole period follows as a matter of course, subject to the person not serving another sentence and subject to standard conditions. This is often called court-based or statutory parole.
For a sentence longer than three years, the decision is not automatic. The State Parole Authority decides whether to release the person once the non-parole period is served. The governing law is the Crimes (Administration of Sentences) Act 1999 (NSW). The Authority looks at reports on the person, their conduct in custody, any risk to the community, the availability of a suitable release plan, and the interests of any victim. Parole for the longer sentences is a decision, not an entitlement.
Who decides parole in New South Wales?
The State Parole Authority is an independent body. It is chaired by a judicial officer and includes community members and people with experience in the justice system. It considers release on parole for a person serving more than three years, and it deals with breaches and revocations across the system.
The Authority must turn its mind to release before the non-parole period ends. It considers the matter at least 60 days out and makes its decision no later than 21 days before the eligibility date. If it decides against release, it gives the person notice and the person can be heard. There is a further layer for the most serious cases. Where the person is a serious offender, the Authority must not make a parole order unless the Serious Offenders Review Council has advised that release on parole is appropriate to consider.
Is parole the same as being released early?
Not in the sense the UK headlines suggest. Parole is not a discount on the sentence and it is not a government letting people out ahead of time. The full sentence still runs. Parole is the point, fixed by the court in advance, at which the person moves from custody to supervised release for the remainder of that same sentence. If they comply, they finish the sentence in the community. If they do not, they can be returned to custody.
This is why the phrase early release can mislead. A person released at the end of a three-quarter non-parole period has not had their sentence cut. They are serving the last quarter of it outside the prison, on conditions, and at risk of going back if they breach.
Can parole be refused, and can it be revoked?
Both. For sentences over three years the Authority can refuse parole where it is not satisfied that release is appropriate, for example where there is no suitable accommodation, where risk has not been addressed, or where required programs have not been completed. The person can then be considered again at a later date.
Once a person is on parole, the conditions bind them for the balance of the sentence. A minor breach is usually handled by the supervising Community Corrections officer. A serious breach, such as being charged with a new offence or absconding from supervision, is reported to the Authority. The Authority can revoke the parole order and issue a warrant, and the person is arrested and returned to custody. A revocation is listed for a hearing, generally some weeks later, where the person can appear and be legally represented and can put a case for reinstatement.
How does parole work in the ACT?
The structure in the Australian Capital Territory is similar in shape but different in the detail. When an ACT court imposes a sentence of imprisonment of more than 12 months, section 65 of the Crimes (Sentencing) Act 2005 (ACT) requires it to set a non-parole period unless it considers that inappropriate. The person serves the non-parole period in custody first.
Parole in the ACT is decided by the Sentence Administration Board, established under section 171 of the Crimes (Sentence Administration) Act 2005 (ACT). Unlike the NSW split at three years, an ACT prisoner applies to the Board for parole. The application can be made up to six months before the non-parole period ends. The Board decides whether to grant parole and on what conditions. Under section 120 of that Act the primary consideration for the Board is the public interest. If parole is granted the person serves the rest of the sentence in the community under supervision, and the Board can cancel parole for a breach and return the person to custody.
Why the non-parole period is the number that matters at sentence.
For a person facing a custodial sentence, the head sentence is not the figure that decides how long they are in prison. The non-parole period is. That is where the sentencing argument is often won or lost. Two points do most of the work.
The first is special circumstances. In New South Wales, a finding of special circumstances lets the court set a non-parole period below the ordinary three-quarters, giving a longer period of supervised parole. Youth, a first custodial term, mental health, the need for a long period of supervision and support on release, and the hardship of protective custody are the kinds of matters that have supported such a finding. The finding has to be made and explained; it does not happen on its own.
The second is the release plan. For a person serving more than three years in NSW, or applying to the Board in the ACT, parole is more likely where there is accommodation, a support structure, completed programs, and a clear plan for supervision. That work starts long before the eligibility date. A person who reaches the non-parole period with none of it in place can be refused and held longer.
What we do for clients on sentence and parole.
At the sentence hearing the aim is a non-parole period that reflects the real objective seriousness of the offence and the person's prospects, and, where the facts support it, a finding of special circumstances. That means putting the material before the court in the right form: reports, references, evidence of rehabilitation, and a plan for release.
At the parole stage the work is different. It is about the release plan, the reports, and the submissions to the State Parole Authority in NSW or the Sentence Administration Board in the ACT, and, on a revocation, the case for reinstatement at the review hearing. Early advice on both stages tends to make the difference. If you or a family member is facing a sentence, or is coming up to a parole eligibility date, we can help.
Frequently asked.
What is the difference between parole and a non-parole period?
The non-parole period is the minimum time that must be served in custody before a person can be released to serve the rest of the sentence in the community. Parole is that release. The person is still serving the same sentence; they serve the balance of it outside prison under supervision and conditions.
What is a standard non-parole period in NSW?
A standard non-parole period is a reference point set by Parliament for certain serious offences, listed in the Table to Division 1A of Part 4 of the Crimes (Sentencing Procedure) Act 1999 (NSW). It represents the non-parole period for an offence in the middle of the range of objective seriousness. It is a guidepost the court has regard to, not a fixed figure the court must impose.
Do you automatically get parole in NSW?
For sentences of three years or less the court makes a parole order at the time of sentence, and release at the end of the non-parole period follows unless the person is serving another sentence. For sentences longer than three years the State Parole Authority decides whether to release the person on parole. Parole is never guaranteed for the longer sentences.
What happens if you breach parole in NSW?
A minor breach is managed by the Community Corrections officer. A serious breach, such as being charged with a fresh offence, is reported to the State Parole Authority, which can revoke parole and issue a warrant returning the person to custody to serve the balance of the sentence. A revocation can be reviewed at a hearing where the person can be legally represented.
Can a non-parole period be shorter than three-quarters of the sentence in NSW?
Yes. Section 44 of the Crimes (Sentencing Procedure) Act 1999 (NSW) requires the balance of the term not to exceed one-third of the non-parole period, which sets the non-parole period at three-quarters of the total, unless the court finds special circumstances. Where special circumstances are found the court can set a longer parole period and a shorter non-parole period.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 2 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.