At Jones + Associates, we understand that the path to parole can be very complex, often fraught with challenges, especially for those imprisoned for very serious offences. For many individuals convicted of murder, where the victim’s remains have not been located, there are laws in place known as ‘No Body, No Parole’[1] that can be the final impediment preventing a persons release from custody. Whilst these types of matters are deeply sensitive to all involved, it is imperative to understand how and where these laws apply and how to navigate the process when enlivened. Our aim is to provide our clients with a clear and informative overview of how these laws operate, what is required to satisfy the Parole Board Queensland (‘the Board’) and how we, as your legal representatives can assist you.
What does ‘No Body, No Parole’ mean?
In Queensland, the ‘No Body, No Parole’ laws were introduced on 25 August 2017 by way of the Corrective Services (No Body, No Parole) Amendment Act 2017. These laws are designed, in short, to protect community safety, assist with crime prevention while also safeguarding offender’s basic human entitlements[2]. Section 193A requires that individuals serving sentences for homicide offences must be denied parole if the victim’s remains have not been located[3]. The relevant homicide offences are outlined below:
- Murder;
- Manslaughter;
- Unlawful striking causing death;
- Accessory after the fact to murder;
- Conspiring to murder;
- Misconduct with regards to corpses;
- Accessory after the fact for the offences of manslaughter, unlawful striking causing death, conspiring to murder, and misconduct with regards to corpses;
- Counselling, conspiring or procuring to commit one of the above offences; and
- Prisoners who are serving a period of imprisonment in Queensland, after being transferred from another state, for an offence against another state, that substantially corresponds to an offence mentioned above.
Under section 193A, the Board is required to refuse a parole application unless they are satisfied that the individual has provided ‘satisfactory cooperation’ in identifying the victim’s location[4]. In essence, by making the release contingent on cooperation, the law encourages individuals to finally reveal the location of a body or remains. This is to incentivise these individuals serving time to provide the victim’s families some comfort and peace of mind knowing their loved one’s remains have been recovered.[5]
When does ‘No Body, No Parole’ apply?
The operation of these laws is complex, due to their retrospective nature. This means, that the ‘No Body, No Parole’ laws apply to prisoners regardless of whether their crime, conviction or sentencing occurred before or after the laws passed on 25 August 2017[6]. If a prisoner makes an application to the Board for parole, but that application had not been decided upon before the commencement date, then section 193A applies.[7]
What is deemed as ‘satisfactory cooperation’?
To satisfy the ‘No Body, No Parole’ requirements, the Board must determine if a prisoner has provided ‘satisfactory cooperation’ in locating a victim’s remains. This determination relies on an evaluation report provided by the Commissioner of the Queensland Police Service which outlines the cooperation attempts made by the prisoner, however, the Board will ultimately form their own opinion as to whether the cooperation is satisfactory.[8] The evaluation report is based on four key pillars:
- Timeliness of the cooperation;
- Nature and extent of the cooperation;
- Truthfulness, completeness and reliability of the cooperation; and
- Significance and usefulness of the cooperation.
Importantly, the Board is also required to consider the prisoner’s capacity to cooperate, including any mental illness or impairments at the time of the offending that may affect the prisoner’s ability to assist.[9] A transcript of any proceedings against the prisoner will also be considered, including any relevant remarks made by the sentencing court.[10]
It is essential to provide early and honest assistance as the Board may issue a ‘no cooperation declaration’ if they deem the cooperation unsatisfactory. This declaration prohibits the prisoner from applying for parole while it is in force, with no set end date.[11]
Can the Board reconsider a ‘No Cooperation Declaration’?
A reconsideration of the declaration is possible, at any time, however the prisoner must first seek leave through the President or Deputy President of the Parole Board.[12] Leave may only be granted if the prisoner provides additional cooperation or if there is a change in the prisoner’s capacity to cooperate.[13] The Board may then permit a reconsideration, however, are required to conduct a fresh assessment of the prisoner’s cooperation to locate the victim’s remains. Following the fresh assessment, the declaration will either be maintained or ceased. If the declaration is ceased, the prisoner may proceed to apply for parole release.[14]
What if I disagree with the decision
As with all decisions by administrative bodies such as the Parole Board, there is a mechanism to apply to the Supreme Court to review a decision if it is believed to be infected by error.
Judicial Reviews are not simply appeals and you should seek legal advice from lawyers who are experts in the Judicial Review process before taking any steps toward a review. Strict timeframes apply.
Why Legal Advice Matters
The ‘No Body, No Parole’ laws can be difficult to navigate, and expert legal advice is often essential for success. If you are making an application for parole, are a restricted prisoner or have been convicted of an offence where the ‘No Body, No Parole’ laws may apply, it is essential to receive guidance from an experienced legal team. Jones + Associates have a Parole Team that can assist you with complicated parole applications, collating complex materials and ensuring you receive procedural fairness throughout the process. If you are already facing a ‘No Cooperation Declaration’ and seek the Board’s reconsideration, our team can provide the necessary advocacy and support to guide you through.
Disclaimer: This article is of a general nature only and should not be relied upon as legal advice.
[1] Corrective Services Act 2006 ch 5 pt 1AA s 175C
[2] Ibid ch 1 s 3.
[3] Corrective Services (No Body, No Parole) Amendment Act 2017 s 4 sub-s 193A(1) (‘CSAA’).
[4] Ibid sub-s 193A(2).
[5] Explanatory Memorandum, Corrective Services (No Body, No Parole) Amendment Bill 2017, 1.
[6] Ibid 2; CCSA s 5 ch 7A pt 12 sub-s 490U.
[7] Ibid (n 3) s 5 ch 7A pt 12
[8] Ibid (n 3) s 4 sub-s 193A(4); Laura Gerber MP, Ministerial Guidelines to the Parole Board Queensland (21 December 2024) 8, s 7.5.
[9] CCSA (n 3) sub-s 7.
[10] Ibid.
[11] Queensland Government Publications, ‘Changes to No Body, No Parole’ (Factsheet, June 2023).
[12] Ibid.
[13] Ibid.
[14] Ibid.