What are the different types of conditions of a good behaviour bond?
What is a good behaviour bond?
A good behaviour bond is a court order requiring an offender to enter into an agreement with the court to abide by certain conditions set by the court. In NSW, good behaviour bonds can come in the following forms:
- Section 10 ‘no conviction recorded’, for more information click here.
- Section 9 good behaviour bond, for more information click here.
- Section 12 good behaviour bond (also knows as a ‘suspended sentence’), for more information, click here.
For each of the above good behaviour bonds, conditions will be attached to those good behaviour bonds.
Will a good behaviour bond appear on my criminal record?
If the good behaviour bond is a “Section 9” or a “Section 12” good behaviour bond, these will appear on your criminal records as convictions. If you are dealt with by way of a “Section 10” good behaviour bond, it will not appear on your criminal record as a conviction.
In what circumstances will a conditions be imposed on a good behaviour bond?
A Magistrate or a Judge will impose conditions on a good behaviour bond as they see fit. They will consider all the circumstances of the case, including the following:
- The need for rehabilitation,
- The protection of the victim/s,
- The need for supervision,
- The need for strict monitoring of the offender.
The following conditions can be attached to a good behaviour bond:
- Be of good behaviour and not commit any further offences,
- Counselling for drug and/alcohol addiction,
- Psychological counselling to address mental illness,
- Restrictions on movements and undertaking certain activities by the offender,
- Supervision by Probation and Parole, (which may include counselling, helping with finding employment, and rehabilitation.)
What happens if I breach the conditions of my good behaviour bond?
If you fail to abide by the conditions of your good behaviour bond, the court may decide to recall your case back to court for re-sentencing. For example, if you commit another offence whilst you are on the good behaviour bond, the court may call upon the bond to be re-heard with the new charges, at which time it may do the following:
- Take no action on the breach,
- Revoke the bond and give you another good behaviour bond,
- Revoke the bond and sentence you to another penalty (for example jail or an Intensive Corrections Order)
Another example is when an offender fails to comply with the directions of Probation and Parole. Probation and Parole may then make an application to the court for the court to revoke the bond, and have you re-sentenced.
For more information on different types of sentences, and to see case studies, click here.
It is very important that you speak to an expert Criminal Defence Lawyer if you feel you have breached your good behaviour bond. Call us on 1300 595 299.