What happens if you breach your good behaviour bond?
What is a good behaviour bond?
Section 9 of the Crimes (Sentencing Procedure) Act 1999 empowers the court, following a conviction, to direct an offender to enter into a bond to be of good behaviour for a specified period. It provides as follows:
(1) Instead of imposing a sentence of imprisonment on an offender, a court may make an order directing the offender to enter into a good behaviour bond for a specified term.
(2) The term of a good behaviour bond must not exceed 5 years.
(3) This section is subject to the provisions of Part 8.
What would a Section 9 good behaviour bond require me to do?
A good behaviour bond will require the person under bond to appear before the court if called on to do so at any time during the term of the bond. During the term of the bond the person under bond must be of good behaviour.
The court may not impose conditions requiring the person under bond to perform community service work, or make any payment, whether in the nature of a fine, compensation or otherwise.
A good behaviour bond often has conditions attached to it that you be supervised by Probation and Parole, in your local area. This is generally aimed at Probation and Parole keeping an eye on you, or helping you rehabilitate yourself. This could include drug and alcohol counselling, gambling counselling or anger management.
The Local Court is not empowered to impose a good behaviour bond if the offender being dealt with is absent.
What happens if you breach your good behaviour bond?
If you fail to comply with any of the conditions of your good behaviour bond, the court that originally sentenced you have the power to call the case back to be heard, and for you to be re-sentenced. For example, if a condition of your bond was that you attend alcohol counselling, supervised by Probation and Parole, and you miss a few sessions, Probation and Parole may ask the court to revoke your good behaviour bond. The court would then recall your case, and at the court hearing, the following can happen:
- You could admit to the breach,
- You could deny the breach,
- The court could re-sentence you to another form of punishment,
- The court could decide to take no action,
- The court could decide to extend your bond.
What happens if you breach your good behaviour bond by committing another offence?
If you have committed another offence whilst you are still on your good behaviour bond, the court will generally always call upon the bond, that is recall the previous court case where you were placed on the bond. For example if you were placed on a Section 9 good behaviour bond for 12 months for a charge of Common Assault at Burwood Local Court, and during that 12 months you committed an offence of Affray to be heard at Downing Centre Local Court, the Downing Centre would likely obtain the papers for the Burwood case, in order for you to be re-sentenced in relation to the Burwood case.
Breaching a good behaviour bond can have very serious consequences, including full time jail. It is important that you call a Criminal Lawyer as soon as you anticipate this might happen.
Call LY Lawyers on 1300 595 299 for a free consultation.