When a court sentences a person for a low-level offence, it may decide to impose a good behaviour bond or undertaking. This is a penalty that consists of releasing the offender without further consequences provided they sign an agreement to comply with conditions for the period of the order. The laws on good behaviour bonds and undertakings differ between different states and territories.
What is a good behaviour bond?
When a person is sentenced to a good behaviour bond, they are released on condition that they agree to be of good behaviour for a specified period of time. A good behaviour bond may also have other conditions attached to it.
If the offender completes the good behaviour period without breaching the conditions, there are no further consequences. If they commit a further offence, they may be required to come back before the court and may be resentenced for the original offence, in addition to being prosecuted for the new offence.
A good behaviour bond or undertaking is generally imposed for very minor offending, for a person’s first offence, or where there are very compelling extenuating circumstances. It is the most lenient sentencing order available. Good behaviour bonds can be imposed with or without a conviction.
Good behaviour bonds in Queensland
In Queensland, there are several different provisions under the Penalties and Sentences Act 1992 that allow for a person to be conditionally released after a finding of guilt.
Under section 19, a bond can be imposed for an offence where the court considers that the matter warrants no penalty or a nominal penalty only.
The court may also conditionally release a person for a property offence under section 24 or for an indictable offence under section 30 or for a summary offence under section 31.
Good behaviour orders in the ACT
In the ACT, a person can be sentenced to a good behaviour order under section 13 of the Crimes (Sentencing) Act 2005. A person who is sentenced to a good behaviour undertaking in the ACT will be required to sign an undertaking that they will adhere to the conditions of the order.
These conditions may include:
- A community service condition;
- A rehabilitation program condition;
- A probation condition
- Giving security for a specified amount
Good behaviour bonds in South Australia
In South Australia, a person can be released on a good behaviour bond under section 97 of the Sentencing Act 2017 either with or without the recording of a conviction.
Good behaviour bond in the NT
In the NT, a person can be sentenced to a good behaviour bond under section 11 of the Sentencing Act 1995 either with or without the recording of a conviction.
Conditional release orders in New South Wales
New South Wales no longer has good behaviour bonds as a sentencing option. However, a person in NSW can be sentenced to a conditional release order or a conditional discharge. These orders are similar to good behaviour bonds.
A conditional discharge occurs without recording a conviction. A conditional release order may be imposed with or without recording a conviction. A conditional discharge order may carry a condition that the offender must take part in an intervention program and comply with any intervention plan that arises from the program.
Adjourned undertakings in Victoria
In Victoria, a court may release a person on an adjourned undertaking. A matter that is dealt with in this way is adjourned for a period of up to five years on condition that the offender be of good behaviour and attend court if called upon to do so. Other conditions may also be imposed.
Conditional release orders in Western Australia
In Western Australia, courts can sentence offenders to conditional release orders. These orders require the offender to be of good behaviour for a period of up to 24 months. If a person breaches an order, they may be resentenced for the original offending.
A conditional release order can be imposed if a court considers that:
- There are reasonable grounds for thinking that the defendant will not reoffend;
- The defendant does not need to be supervised by Corrections.
Undertakings in Tasmania
In Tasmania, a court can sentence a person to an undertaking for a period of up to five years. This order may be made with or without recording a condition, and the court may impose conditions.
If you require legal advice or representation in any legal matter, please contact Taylor Rose.
