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James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Consulting Principal at Nexus Law Group
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If a person In Qld is on parole and breaches, are they

Customer Question

Hi, if a person
In Qld is on parole and breaches, are they automatically returned to prison, or is there a three warning system? i.e. First breach=warning, second=28days, third=parole revoked, and sent back to prison for the remainder of parole time.
Regards
George
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

What are the parole conditions? How bad is the breach?

Customer: replied 1 year ago.
A month ago I was sentenced to 12 months jail, for a raid where they found small amounts of pot, ice, pipes...etc, but the judge said I could serve it in the community on parole. I'm supposed to have urine tests etc, which hasn't happened yet, but it will.
Expert:  Leon replied 1 year ago.

Good Afternoon

Why have you not had the tests and is this the breach?

How long have you avoided the tests?

Customer: replied 1 year ago.
P.S. I haven't breached as yet. And hopefully won't. But just wanted to know what would happen, cause someone told me the new 3 strikes rule came out on the 1st of July this year.
Customer: replied 1 year ago.
I haven't avoided any tests. I just haven't had them yet.
Expert:  Leon replied 1 year ago.

If you do not undertake the tests you will go back before the court to explain.

The police can hold you in custody until the court appearance

I assume these tests go to your parole officer. It is down to him or her whether they report the breach to the police and courts or warn you.

But you risk being held in custody until the court appearance to explain why you breached. If the court is satisfied they will give you another chance.

But you are on parol instead of a jail term so I would suggest you avoid any breaches.

Customer: replied 1 year ago.
Please read my responses again. As I said, I haven't been tested as yet! The urine tests are done on site at the parole office! I suppose they are waiting for my levels of pot to come down first.
Expert:  Leon replied 1 year ago.

I understand that.

But when are you supposed to go and have the first test?

Customer: replied 1 year ago.
They will just call me in for the test randomly.
Expert:  Leon replied 1 year ago.

Good Morning

If you fail to attend and the Parole Officer reports it you will be back before the court and they can revoke your parole and you will find yourself in prison.

It all depends on your parole officer and how strict he will be with your breaches.

I hope this makes sense?

Expert:  Leon replied 1 year ago.

Is there anything else I can assist you with?

Customer: replied 1 year ago.
Leon, I don't think you understand what I'm trying to ask, so I will simplify the question.
On the 1st July this year, was there a law passed giving parolee's 3 warnings for a parole for hbreach.
1st = Just a warning
2nd = A 28 day sanction
3rd = return to jail for the remainder of your parole.
Expert:  James D. Ford replied 1 year ago.

Hi George

The following factsheet for parole is current as of 19 August 2015 (which is after the 1st July change you have mentioned). It does not mention anything about a 3 strikes rule.

http://www.correctiveservices.qld.gov.au/About_Us/The_Department/Probation_and_Parole/documents/factsheet_parole_order.pdf

Can you please provide more information about this 3 strikes rule, as it appears that it is not the case, and whoever has told you about it is mistaken.

Kind regards,

James