Criminal Law

Parole

Parole is the conditional early release of a prisoner before the expiry of their sentence. It is not a right — it is a privilege granted by the parole board with conditions.

Legal Definition

Governed by the Correctional Services Act 111 of 1998. A sentenced offender may be considered for parole after serving the minimum required period. The Correctional Supervision and Parole Board considers rehabilitation, risk, victim's interests, and community safety.

📖 Constitutional / Statutory Basis: Section 12 (right to be free from deprivation of freedom without just cause), Constitution of the Republic of South Africa, 1996; Correctional Services Act 111 of 1998

Practical Example

A prisoner sentenced to 10 years for robbery serves the minimum non-parole period (half the sentence for some offences). The Parole Board reviews their case and grants parole with conditions including monthly reporting.

Frequently Asked Questions

When can a prisoner be considered for parole?

For sentences of less than five years, at one sixth. For five to 10 years, at one quarter. For longer sentences, at half. Serious violent offenders must serve two thirds.

Can parole be revoked?

Yes. If conditions are breached, parole can be revoked and the offender returned to prison.

Does the victim have a say in parole?

Victims can register with the Victim Offender Dialogue programme and may appear before the parole board to represent their interests.

Related Terms

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