1/29/2023

Parole in Criminal Justice System

Md. Salauddin Saimum
Assistant Professor
Department of Law
University of Rajshahi

Concept of Parole
• Parole is a penal devise which which seeks to humanise prison justice. It
enables the prisoner to return to the outside world on certain conditions.
• Parole is the conditional release of prisoners before they complete their
sentence.
• A person who is released on parole is called a Parolee.
•The term parole is a French word, the English meaning of which is
promise.
•Dr. S.G. Howe first coined the term in 1846.

1
 1/29/2023

Concept of Parole
According to Cambridge Dictionary
Parole means the release of a prisoner before that person’s period in
prison is finished, with the agreement that the person will behave well.

Black's Law Dictionary

Parole is a conditional release of a prisoner, generally under
supervision of a parole officer, who has served part of the term for
which he was sentenced to prison.

Concept of Parole
According to Gillin
Parole is the release from a penal or reformative institution, of an offender who
remains under the control of correctional authorities, in an attempt to find out
whether he is fit to live in the free society without supervision.

Sir Robert Cross has observed that parole is the release of a long-term prisoner
from a penal or correctional institution after he has served a part of his sentence
under the continuous custody of the state and under conditions that permit his
incarceration in the event of misbehavior.

2
 1/29/2023

Concept of Parole
Penal Reform International
Parole is the early release, under certain
conditions, of a convicted offender from
custody.

Concept of Parole
Indian Supreme Court in Smt. Poonam Lata v.
Wadhawan & others, AIR 1987 SC 1383 case held that,
parole is a grant of partial liberty or lessening of
restrictions to a convict prisoner, but it does not in any
way change the status of the prisoner.

3
 1/29/2023

Objects of Parole
▪ The main purpose of the parole system is to reform criminals.
▪ Rehabilitation of prisoners.
▪ Reducing the crime trend in the society.
▪ Preventing prison overcrowding.
▪ To save the prisoner from evil effects of continuous prison life.
▪ Assisting in the socialization of released prisoners.

Objects of Parole
The main objectives of parole system are as follows-
1. To enable the inmate to maintain continuity with his family life and
deal with family matters
2. To save the inmate from the evil effects of continuous prison life
3. To enable the inmate to retain self-confidence and active interest in life
[Bhikhabhai Devshi vs State of Gujarat, AIR 1987]

4
 1/29/2023

Essentials of an Ideal Parole System

(1) Emphasis must be on supervision as well as guidance and
assistance to parolees so as to make the system useful to the society
in general and the parolees in particular.
(2) Before release on parole, the parolees must be thoroughly
prepared for parole administration.
(3) The parolees must be assured an honourable employment and
favourable surroundings at the time of their release on parole.

Essentials of an Ideal Parole System

(4) parolees needed full cooperation for the rehabilitation within the
society.
(5) Parole should be administered only to those prisoners who display
an inclination for good behavior and show respect for law and justice.

10

5
 1/29/2023

Types of Parole System

Temporary/ Emergency Parole
Regular Parole

11

Conditions of Emergency Parole System

1. Parolees must be kept under constant police guard
2. Must stay in specified area and cannot go outside specified area
under any circumstances.
3. Must return to prison within the period of parole release
4. Any other conditions imposed by the Authority.

12

6
 1/29/2023

Conditions of Regular Parole System

1. The offender must remain in his own residence
2. Cannot change address without parole officer's permission
3. Cannot go abroad without permission
4. Cannot change job or profession without permission
5. cannot commit a new crime while on parole
6. cannot participate in any controversial activities while on parole

13

Conditions of Regular Parole System

07. Can't interfere with the safety of any other citizen
08. The Parolee must participate in voluntary activities
09. A parole officer may search an offender's residence on special
grounds
10. The offender cannot travel to any restricted area
11. Stay away from bad company

14

7
 1/29/2023

Conditions of Regular Parole System

12. The parolee on parole cannot marry without permission
13. Abstain from gambling or sinful habits
14. Supervising dependents
15. Treat everyone well
16. Life should be governed according to law
17. Stay away from drug use

15

Conditions of Regular Parole System

18. The offender should maintain regular contact with the parole
officer and follow his advice
19. Paying compensation for crime
20. Failure to comply with the conditions requires the offender to be
prepared to go to prison to serve the sentence.

16

8
 1/29/2023

Parole Laws and Policies in Bangladesh

Although there is no clear provision on parole in any law of
Bangladesh, in the light of the parole policy, in the case of the death
of a close relative of a convicted or imprisoned criminal, or if
temporary release is required, he is released from prison on parole for
a limited period of time. When the last rites or prayers of the
deceased are done or the funeral or burial is done, he is again taken
back to the jail.

17

Parole Laws and Policies in Bangladesh

On such parole the parolee enjoys limited freedom for a limited period of time. Other than
the cause of death, if it is necessary to release on parole according to the order of the court
or the decision of the government, the parolee can be released on parole for a certain
period with the approval of the Ministry of Home Affairs.
In such parole, the parolee is released subject to certain conditions and under the
supervision of the authorities. However, if the condition is violated or a new crime is
committed, the offender has to go to jail again to serve the rest of the sentence. On such
parole the parolee enjoys greater freedom for a longer period of time.
This order of release of parole is an administrative order of the Government. In our
country, this administrative order is approved by the Ministry of Home Affairs.

18

9
 1/29/2023

Parole Laws and Policies in Bangladesh

General principles of release on parole
The Ministry of Home Affairs first promulgated the parole policy on
22 September 2007. Later another policy was promulgated on March
4, 2010. Lastly on June 1, 2016, the previous policies were canceled,
and new policies were enacted which are still in effect. However, it
does not mention that the policies are made under any law. Here the
District Magistrate is empowered as parole granting authority.

19

Parole Laws and Policies in Bangladesh

General principles of release on parole
1. VIP or all other categories of prisoners or convicts can be released on parole for a certain period if their
relatives such as parents, in-laws, spouses, children and siblings die. In addition to the cause of such
death, if it is necessary to release on parole according to a court order or a special decision of the
government, the prisoner can be released on parole for a certain period with the approval of the Ministry
of Home Affairs.
2. Whether convicted or not, a person incarcerated may receive parole benefits.
3. The period for which an applicant will be released on parole depends on the Ministry of Home Affairs or
Govt.
4. The policy does not specify who can apply for parole. Parole can usually be granted on the application of
a prisoner himself or his relatives or friends or his lawyer.

20

10
 1/29/2023

Parole Laws and Policies in Bangladesh

General principles of release on parole
05. The parolee should be kept under constant police guard.
06. The period of release shall in no case exceed 12 hours.
However, in special cases, the government can increase or
decrease the period of release.

21

Probation vs Parole
Probation Parole
Probation usually involves the suspension of the Parole is the conditional release of prisoners before
offender’s sentence in return for the promise of good they complete their sentence.
behavior in the community under the supervision of
a probation officer.

Court authorities have the power to release on Government possess the power to grant release
probation. So, it is a judicial decision. through parole. So, it is an administrative decision.

In the case of probation, the offender is released Parolee is released from prison.
from the court on condition
Probation is designed as a rehabilitative measure parole is intended to ease prisoner reentry into
society.

22

11
 1/29/2023

Probation vs Parole
Probation Parole
Probation is alternative measures against jail It is the conditional release from prison
Violating probation conditions can result in revoking violating parole conditions can result in being
probation and serving full sentence in prison returned to prison to serve the rest of the
sentence.
Probation is mainly applicable to juvenile offenders, Parole usually applies to older and hardened
new offenders and comparatively not severe offenders. criminals.

Probation is awarded to those person’s who have no Parole is allowed to those criminals which are
prior criminal record so far and also for the crimes that already in jail, and also available to serious
do not involve violence. offenders, who pursue good conduct, during the
term of their sentence.

23

Probation vs Parole
Probation Parole
Probation is a simpler method of criminal correction The conditions of parole are more complicated
and rehabilitation. and difficult than the probation procedure.
Probation is probably the first stage of correctional Parole is the last stage of reformation of a
scheme. prisoner.
Probation is considered as a social treatment. The parole system allows a criminal to escape
from the plights of prison.
It is a very effective measure to reform the criminal's It is less effective than probation.
character.

24

12