Good Behaviour Bond

A good behaviour bond can be ordered both with and without a conviction being recorded. As such, even if you get a section 10 dismissal, you may still be put on a good behaviour bond.

The court is empowered to direct an offender to enter into a bond to be of good behaviour for a specified period in stead of imposing a prison sentence on the offender. The bond cannot be longer than 5 years.

The bond itself requires the offender to submit to a condition that they will appear before the court if they are called to do so at any time during the term of the bond. Also, the obviously have to agree to a condition that they will be of good behaviour during the term of the bond.

An offender will not be required to undertake a Community Service Order (see below) and submit to a good behaviour bond in respect of the one offence. Further, an offender submitting to a good behaviour bond will not have to undertake any community service work, pay any fines or compensation.

The following are some examples of conditions the court can require under a good behaviour bond – requiring the offender to undertake drug and alcohol counselling, requiring the offender to attend or reside at a rehabilitation facility, requiring the offender to report to a NSW probation service.

The discretion as to impose conditions is quite broad. However, the conditions must reasonably relate to the punishment of the crime committed. The conditions must be clear and certain so that the offender knows what is required of them. Further, the conditions should not be "unduly harsh or unreasonable or needlessly onerous."

The offender may choose not to enter into a good behaviour bond, however, the court will sentence the offender as if the bond had never been made.

If it is suspected that an offender has failed to comply with the conditions of their good behaviour bond, the court can call the offender to appear before them or issue a warrant for the offender's arrest.

If there has been a breach the court may resentence the offender, any such sentence imposed must not exceed what the appropriate sentence would have been for the crime originally committed. However, the court can take into account that the offender has breached the trust that was placed in them by the court and the fact that breaching a good behaviour bond throws into question the remorse of the offender and the likelihood of their rehabilitation.

The court can choose the revoke the good behaviour bond and resentence the offender for the crime originally committed.