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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70716
Experience:  Over 5 years in practice
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Just a couple of quick questions - My partner has been

Customer Question

Just a couple of quick questions - My partner has been sentenced to 5 years in prison. I understand that this will then drop down to 2-1/2years and a further 7.5mth removed for time spent in remand and on HDC. So total time to spend 1yr 10.5mths. Does this mean he could apply for parole at 1yr 4.5mth? and if so does that mean he could apply for ROTL 3mths prior to that so 1yr 1.5mth?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

What was he sentenced for ?

Customer: replied 1 year ago.
He was sentenced for being intend to supply and transport cocaine from memory. He was groomed into becoming this groups "runner" and was mentally venerable.
Expert:  Jo C. replied 1 year ago.

Thanks for the information

In that case, he will not have to apply for parole.

He will be released automatically at the half way point minus any time on remand although he will thereafter be on licence and potentially subject to recall.

There is not much chance of HDC given the nature of the offences though I'm afraid. He can apply but the chances are not high.

Hope this helps. Please let me know if you need more information.

Jo

Customer: replied 1 year ago.
Hi Jo
The automatic release date would be 2-1/2 years minus the 7.5mth already spend on HDC and remand so he would serve 1yr 10.5mthsMy question was (according to sources online) he should be able to apply for parole 6mths ahead of his release date (1yr 10mths) meaning that he could apply for parole from 1yr 4.5mths.
It also notes that he can apply for ROTL for resettlement days etc 3mths before eliable parole date. So based on the above he could apply for ROTL from 1yr 1mth?Is that correct ?
Expert:  Jo C. replied 1 year ago.

No, because he cannot apply for parole.

Parole doesn't apply here. There is an automatic release.

Customer: replied 1 year ago.
he will have to remain in prison for the full 1yr 10.5mth without chance of any ROTL?