Probation vs Parole in Queensland: What’s the Difference?
Probation and parole are both forms of supervision in the community, but they are not the same thing.
Probation is a sentence imposed by a court. It allows a person to remain in the community under supervision and comply with conditions for a set period.
Parole, by contrast, relates to a sentence of imprisonment. It allows a prisoner to serve part or all of their prison sentence in the community under strict conditions.
The distinction matters because the consequences of breaching probation and parole can be different, as can the way each order is made and supervised.
In this article, we explain how probation and parole work in Queensland, the main differences between them, and what happens if you do not comply with the conditions of an order.
What is probation in Queensland?
Probation is a community-based sentencing order.
A court may impose probation where it considers that supervision in the community is appropriate. It can be used as an alternative to imprisonment or, in some circumstances, together with a period of imprisonment.
A probation order generally requires the person to be supervised by Queensland Corrective Services and comply with conditions designed to reduce the risk of further offending.
Probation can run for between six months and three years.
During probation, the person remains in the community rather than serving the whole sentence in prison.
What conditions apply to probation?
A probation order contains standard requirements.
These generally include that the person must:
- not commit another offence
- report to a Community Corrections office
- report to and receive visits from a Community Corrections officer
- participate in counselling or programs when directed
- notify Community Corrections of changes to their address or employment
- obtain permission before leaving Queensland
- comply with reasonable directions given by their Community Corrections officer
A court may also impose additional conditions.
These can include requirements to undertake medical, psychiatric or psychological treatment, or other conditions aimed at addressing the behaviour that contributed to the offending.
Probation is therefore more than simply being released into the community. It involves ongoing supervision and compliance.
Do you have to agree to probation?
Yes.
A Queensland court cannot make a probation order unless the offender agrees to the order and agrees to comply with its conditions.
Before making the order, the court must also explain:
- the purpose and effect of probation
- the conditions that must be followed
- what may happen if the conditions are breached
- that the order may later be amended or revoked in appropriate circumstances
If you are considering accepting a probation order, it is important to understand what will be expected of you.
What is parole in Queensland?
Parole is the supervised release of a prisoner into the community before the end of their prison sentence.
The person is still serving the sentence of imprisonment. The difference is that part of that sentence is being served in the community rather than inside a correctional centre.
A parole order may require the person to:
- report to Community Corrections
- follow directions from a Community Corrections officer
- participate in treatment or rehabilitation programs
- undergo drug or alcohol testing
- remain in Queensland unless permission is given to leave
- notify authorities of changes to their address or employment
- comply with any additional conditions imposed on the order
- not commit another offence
If these conditions are breached, the parole order may be changed, suspended or cancelled.
What is the main difference between probation and parole?
The key difference is whether the person has been sentenced to imprisonment.
With probation, the court imposes a community-based order. The person is supervised in the community as part of the sentence.
With parole, the person has been sentenced to imprisonment and is serving part of that prison sentence in the community.
A simple way to think about it is:
- Probation: a community-based sentence
- Parole: conditional release from imprisonment
Both can involve supervision by Queensland Corrective Services, but they arise in different circumstances and have different legal consequences.
Can you receive probation after serving time in prison?
Yes.
In some circumstances, a court can impose a period of imprisonment followed by probation.
Under Queensland sentencing law, a probation order can operate after a term of imprisonment of no more than one year, with the person being released into supervision at the end of the custodial period.
This can sometimes create confusion because the person has spent time in prison and is then supervised in the community.
However, the supervision following release is probation, not necessarily parole.
The exact wording of the sentencing order is important.
Are probation and parole supervised by the same organisation?
Generally, yes.
Queensland Corrective Services, through Community Corrections, supervises people on probation and parole.
A Community Corrections officer may:
- require regular reporting
- visit the person at home or work
- monitor compliance with conditions
- refer the person to programs or treatment
- conduct or arrange drug and alcohol testing
- check whether the person is complying with employment or accommodation requirements
- respond to suspected breaches
Although the supervision may look similar in practice, the legal basis for probation and parole is different.
How does court-ordered parole work?
Queensland has different types of parole.
One is court-ordered parole.
For certain prison sentences of three years or less, the sentencing court may set the date on which the prisoner is to be released on parole.
Court-ordered parole is not available for some categories of offending, including sexual offences and serious violent offences.
If the court sets a parole release date, the prisoner is generally released on that date subject to the terms of the parole order.
What is board-ordered parole?
For other prisoners, release on parole is determined by the Parole Board Queensland.
The sentencing court may set a parole eligibility date rather than a guaranteed release date.
The prisoner may then apply to the Parole Board for release.
Being eligible for parole does not mean parole will automatically be granted.
The Board may consider matters such as:
- the nature of the offending
- the prisoner’s behaviour in custody
- rehabilitation undertaken in prison
- accommodation after release
- employment or other support
- risk to the community
- previous compliance with court or parole orders
If parole is refused, the prisoner may remain in custody and may be able to apply again at a later date.
Is a parole eligibility date the same as a release date?
No.
A parole release date generally means the prisoner is to be released on parole on the date fixed by the court, subject to the applicable law.
A parole eligibility date is the earliest date from which the prisoner may become eligible for release on parole.
Where a person has an eligibility date, they may need to apply to the Parole Board Queensland.
The Board does not have to approve the application simply because the eligibility date has arrived.
This distinction can significantly affect how long a person actually remains in custody.
What happens if you breach probation?
A breach of probation can result in the matter being brought back before the court.
Examples of a breach may include:
- failing to report
- refusing to participate in required programs
- leaving Queensland without permission
- failing to comply with a direction
- committing another offence
If the court finds that the probation order has been breached, it may take further action.
Depending on the circumstances, the court may amend the order, revoke it, or resentence the person for the original offence.
This means a probation breach can expose a person to a more serious penalty than the one originally imposed.
What happens if you breach parole?
A parole breach can have particularly serious consequences because the person is still serving a sentence of imprisonment.
If the conditions of parole are breached, the parole order may be:
- amended
- suspended
- cancelled
If the order is suspended or cancelled, the person may be arrested and returned to prison.
The Parole Board may later determine whether the person can again be released into the community.
A person on parole should therefore obtain legal advice quickly if they are accused of breaching a condition.
Does committing another offence breach probation or parole?
Potentially, yes.
Both probation and parole commonly require the person not to commit another offence.
A new offence can therefore create two separate problems:
- the person may face prosecution for the new charge; and
- they may also face consequences for breaching the existing probation or parole order.
For someone on parole, a new offence can also result in the parole order being suspended or cancelled and the person being returned to custody.
The consequences can become complicated quickly, particularly where the new charge is still being contested.
Can you leave Queensland while on probation or parole?
Generally, you should not leave Queensland without permission.
People on probation are required to obtain approval before leaving or remaining outside Queensland.
Similar restrictions commonly apply to people on parole.
If you need to travel interstate or overseas, you should speak with your Community Corrections officer well before making arrangements.
Do not assume that travel is permitted simply because you have a valid passport or no court date during the proposed trip.
Does probation mean no conviction is recorded?
Not necessarily.
A court can make a probation order whether or not it records a conviction.
Whether a conviction is recorded is a separate sentencing question.
The court may consider factors such as:
- the nature of the offence
- the person’s age and character
- previous convictions
- the impact a recorded conviction may have on employment
- professional or licensing consequences
- the circumstances of the offending
Receiving probation should therefore not be interpreted as automatically avoiding a criminal conviction.
Is probation more lenient than parole?
They are difficult to compare directly because they apply in different circumstances.
Probation usually allows a person to remain in the community without serving the entire sentence in prison.
Parole generally applies only after a sentence of imprisonment has been imposed.
However, both can involve strict supervision, treatment requirements, reporting obligations and significant consequences for non-compliance.
The practical impact of either order depends on its length, conditions and the person’s circumstances.
What should you do if you are facing probation or parole issues?
If you are being sentenced or have been accused of breaching probation or parole, you should:
- Obtain legal advice as soon as possible.
- Keep a copy of your order and conditions.
- Continue reporting unless you are told otherwise by the appropriate authority.
- Keep records showing that you attended appointments or programs.
- Tell your lawyer about any alleged breach.
- Do not ignore correspondence from Community Corrections or the Parole Board.
- Attend court if you are required to do so.
- Do not assume a breach is minor simply because no new criminal charge has been filed.
There may be an explanation for an alleged breach, or steps that can be taken before the matter becomes more serious.
How Cridland & Hua can help
Cridland & Hua assists clients with criminal charges, sentencing matters and alleged breaches of court and correctional orders throughout Queensland.
We can help you:
- understand whether probation may be available
- prepare for sentencing
- explain the conditions of a probation or parole order
- advise about an alleged breach
- represent you if a probation matter returns to court
- advise about new charges committed while on an order
- assist with criminal proceedings that may affect parole
- represent you in court where required
Getting advice early can help you understand the consequences of an order and avoid making a difficult situation worse.
Speak with Cridland & Hua
If you are facing sentencing, have been placed on probation or parole, or have been accused of breaching an order in Queensland, obtain legal advice as soon as possible.
Call Cridland & Hua on (07) 3211 3177 or contact us online for confidential advice.
Disclaimer: This article is general information only and does not constitute legal advice. For advice about your circumstances, please speak with a qualified criminal defence lawyer.