Planning to Attend a Parole Hearing?
Here are some things you should know
Purpose of the hearing
The purpose of the hearing is mainly to allow Board members to conduct a risk assessment by obtaining information directly from the offender. At hearings, Board members review the case with the offender, ask questions and make a decision on whether the offender can be safely released into the community to continue serving his or her sentence under supervision and conditions imposed by the Board.
Entering a penitentiary
Parole Board hearings are usually held in a penitentiary. This means that strict security rules are necessary and facilities are limited. Conservative dress is recommended.
When arriving at a penitentiary, you must:
- Show identification that includes a photograph;
- Sign the visitor logbook;
- Follow penitentiary rules - for example, cameras, audio or video recording devices, cellular phones, pagers, and portable computers are not permitted; and
- Consent to a security check with a metal and drug scanner. Purses and briefcases will also be checked (you may wish to lock these items in the trunk of your vehicle).
About the hearing
Several people are involved in a parole hearing.
- Board members - In most cases, two Board members conduct hearings;
- The offender;
- The offender's assistant, which may be a family member, friend, lawyer, or spiritual adviser;
- The offender's parole officer from the Correctional Service of Canada;
- A hearing officer from the National Parole Board;
- An Elder (if it is an Elder-assisted hearing);
- A victim making a presentation.
As an observer you may only watch and listen; you cannot comment or participate in the hearing.
What happens at a hearing
A hearing is a formal proceeding that is required to follow certain procedural safeguards required by law. But it is not a trial as you would find in a court of law. Witnesses are not sworn in under oath and there is no cross-examination of witnesses by lawyers. The Board's process is inquisitorial, not adversarial.
- The offender, Board members, and hearing participants will already be seated when you enter.
- All hearings are recorded.
- The Board member or hearing officer will review certain preliminary matters prior to the interview.
- The offender's parole officer will then summarize the case, including facts about the offender's crimes and criminal background, his treatment and behaviour while in prison, his plans for the future and a recommendation.
- Victims who have submitted an impact statement to the Board beforehand will be invited to make their statement orally to the Board members either at the beginning or at the end of the hearing.
- Board members will then ask the offender a number of questions about his past, his institutional programs, and his future plans.
- The offender's assistant will also be asked to comment after the Board members have completed their interview.
- Board members will then ask all participants and observers to leave the room while they consider their decision.
- Observers will then be invited to return to the room to hear the Board members deliver their decision and the reasons behind their decision.
You should know that:
- Hearings may be postponed or cancelled at the last minute.
- Some hearing rooms are small: you may be in close proximity to the offender.
- Board members will ask you to leave the hearing if they find that your presence is disruptive.
- You may be asked to leave while confidential information is discussed.
- You will not be allowed into a hearing after it has begun.
- A person is responsible for making his/her own arrangements and covering the costs of attending a National Parole Board hearing.
- If the hearing extends into the lunch period you should know that there is no cafeteria and no food will be available.