The “no body no parole” legislation denies parole to convicted murderers. This includes any incarcerated person convicted of a homicide offence who won’t tell where the body is. But is that fair or does it change the whole purpose of parole and raise ethical and legal questions?
The pain is a gaping wound that festers with unanswered questions for families of homicide victims whose bodies are never found. Not having a body means they can’t bury their loved one, say goodbye, and really start to heal. The lack of closure is a never-ending torment. This is a constant reminder of the brutal act that took their loved one away.
Will no body no parole laws help these families get the justice they deserve? Read on to find out.
The Rise of No Body No Parole Laws
According to an article by Tracy Walker, Australia was the first to introduce NBNP (no body no parole) laws in 2015. However, several states implement variations. These variations fall into two categories:
- Complete parole denial for eligible offenders; or
- Parole only after serving the minimum non-parole period.
The reason for NBNP laws is clear. The law provides relief to families of homicide victims by potentially encouraging the disclosure of where the body is. But these laws raise big questions about balancing victims’ rights with the rights of the incarcerated. NBNP laws raise fundamental legal principles like:
- Double jeopardy (being tried twice for the same crime)
- Self-incrimination (the right not to incriminate oneself); and
- The risk of wrongful conviction, more importantly they challenge the purpose of parole – rehabilitation.
NSW and QLD NBNP Laws
In NSW the government has introduced a new bill. The Crimes (Administration of Sentences) Amendment (No Body, No Parole) Bill 2022. This bill will affect parole decisions in homicide cases for missing bodies.
So what’s under the no body no parole law? The Parole Authority would have to deny parole to offenders who haven’t co-operated in the search for the victim’s body. This e-brief is to inform the parliamentary debate on the bill by providing background, looking at similar laws elsewhere and the arguments for and against the proposed change.
Meanwhile Queensland’s existing “no body, no parole” law is before the High Court. Matthew Armitage received parole for the murder of Shaun Barker despite the missing body. The Parole Board says he should stay in jail while Armitage’s lawyers argue the law shouldn’t apply if authorities cannot find the body.
NSW and QLD are dealing with the issue of unfound victims in homicides with “no body, no parole” laws. But they are different. NSW’s proposed law is still before parliament and focuses on cooperation in finding the body.
QLD’s existing law is before the High Court about the definition of “remains” – should it include unrecoverable body parts? The outcome of NSW and QLD’s no body no parole cases will determine how these laws work and if they achieve their purpose.
Rehabilitation vs Punishment
Whether this approach brings closure can be argued in this article. Some families will find peace in laying their loved ones to rest, others will feel further tortured by the act of using information as a bargaining chip.
Not all missing remains can be found due to animal activity or environmental degradation. In those cases the law may not offer much comfort. The traditional purpose of parole is to rehabilitate and reintegrate offenders into society. “No body no parole” laws add a new variable to the equation: disclosure of information. This can be a problem.
One way of looking at it is withholding information about the victim’s location is lack of remorse or a threat to public safety. In that case denying parole might be seen as punishment.
The other way is some offenders are remorseful and committed to rehabilitation but don’t know where the body is. Denying them parole for that reason alone might hinder their rehabilitation and reintegration.
Alternative Help for Victims’ Families
While “no body no parole” laws are a solution, there are other ways to give closure to families of homicide victims with missing remains:
- Victim Support Services: Providing full support services, including grief counselling and funeral assistance can be key to helping families deal with their loss.
- Investigative Focus on Unrecovered Remains: Police could allocate more resources to advanced search techniques and forensic analysis to find missing remains.
- Symbolic Ceremonies: Holding a ceremony to remember the victim. This is the case even if the body is not found can give families closure and a public space to grieve.
- Truth and Reconciliation Commissions: In some cases a truth commission to uncover the facts of the crime regardless of the offender’s parole eligibility can give families closure.
These alternatives may not find the remains but can give some comfort and support to families during a tough time without compromising the principles of the justice system. In conclusion, the aim is to balance justice, closure for victims’ families and legal advice from criminal lawyers.
How Can We Help With No Body No Parole?
If your family is in the agonising situation of a homicide with an unfound victim, “no body no parole” laws can add to the frustration. You want answers and you want to explore all your options. JB Solicitors has a team of criminal lawyers who understand the “no body no parole” cases and for other related cases such as:
- Homicide offence cases
- Clients who were denied parole and working with wrongfully convicted prisoners or wrongfully convicted people
- Collaborating with police investigations and the NSW Government and the NSW State Parole Authority
Did NSW deny parole for you? Get in touch with us today.
