119:. The concept of good behaviour bonds is reflected in Section 72, which allows the court to delay proceedings for the convicted offender for a maximum time frame of 5 years. The offender is required to be "of good behaviour during the period of the adjournment", thus retaining the concept of good behaviour bonds despite the formal abolition. During the period of the adjourned undertaking, the offender may also be required to undergo medical treatment according to their doctor or treatment professional's advice. The court may ask for evidence of compliance through the provision of a doctor's letter or other proof of attendance. Furthermore, under Victorian state law, when the Court has imposed a good behaviour bond upon a young offender ("child"), it is stated that the child's charge must be dismissed if all conditions of the bond have been upheld during the set period.
320:, examined trends of good behaviour bond sentencing in NSW local courts. The key claim identified the trend of good behaviour bonds (under Section 10(1)(b)) becoming increasingly common with a 8.4% increase (15.2% to 23.6%), as "one of the least severe penalties a court can impose on an offender". The BOCSAR identified assault, illicit substance use and traffic offences as some of the offences for which bonds were imposed between 2004 and 2015. It was acknowledged that reasons behind this trend were "unclear". However, BOCSAR stated that the increase could be attributed to the Australian legal system attempting to respond to financial concerns which were associated with other alternative sentence options (i.e. monetary fines).
226:. The Act provides the most substantial explanation of good behaviour bond requirements in comparison to the legislation of the other States and Territories. Throughout the whole of Chapter 6, referred to as "good behaviour orders", the Act defines the varying conditions and specific court responsibilities when imposing good behaviour bonds in terms of community service (Part 6.1) and rehabilitation orders (Part 6.2). Good behaviour orders are also defined under the Part 3.3 category of "Non-custodial sentences", where Section 13(3) clarifies that the order may entail one or more specific conditions (e.g. community service, rehabilitation or monetary reparations).
210:
months. The good behaviour bond is formed by the offender "giving an undertaking", as similarly referred to in
Victorian legislation. In the case of a released offender, Section 59(b) explicates the conditions of the undertaking described in 7(f), stating "that the offender must be of good behaviour during the period of adjournment". The Sentencing Advisory Council under the Tasmanian state government also clarifies that a good behaviour is defined as a type of "recognizance". The classification of a "good behaviour bond" constitutes both "types of Recognizance" within the scope of the Australian Bureau of Statistics.
103:. Section 19(1)(b) states that "The court may make an order that the offender be released...on the conditions that the offender must be of good behaviour and appear for conviction and sentence if called on at any time during such period". The good behaviour bond is also incorporated in Division 3 of the Act, which details the procedures of offenders who are released upon entering into "recognisance". Under this division, Sections 30(1)(a), 31 and 32(1)(b) describe the implied condition of good behaviour for a period of 1 year or less when the convicted individual "enters into a recognisance, with or without sureties".
189:
peace" under common law. The requirements of a "conditional release order" (CRO) are detailed in Part 7, with
Section 49(1) enabling the court to "impose any requirements...it decides are necessary to secure the good behaviour of the offender". However, this is restrained at Section 66(3) with the description of "community based orders" (CBO), as subsection 3(b) states that the court's imposed requirements should not be considered before any
303:
conclusion was taken from the Bureau of Crime
Statistic and Research's Reoffending Database, which has acquired its data from 1994 in Australian courts. However, the AIC also stated that in reality, a longer bond correlated to an increased term before a new criminal offence was recorded. Specifically, the AIC's analysis of offenders convicted in the
135:, which parallels Victorian legislation in its abolition of common law bonds at Section 124. However, Section 11(1)(b) states that once proven guilty, an offender may be released without a formal conviction, with the condition of good behaviour. This "good behaviour" condition is also described in Section 115(2)(a) of Part 10, with which the
285:
alternative to sentences of correctional custody, community work and monetary orders (i.e. fines or other financial reparations). The exception among the
Australian states and territories was the Northern Territory, where sentences for "custody in a correctional institution" was most relied upon by the Magistrates' and Children's Courts.
172:
prohibition of seeking "fresh prosecution" against an offender, unless they have acted against the bond's requirements. The Legal
Services Commission of South Australia clarifies that a good behaviour may be imposed both as a "standalone penalty", as well as the condition for an offender's suspended imprisonment sentence.
307:
over a two-year period (2006–2008) revealed that bond lengths of 0 to 23 months resulted in an average of 737.4 days until the "first new offence" had occurred. Meanwhile, good behaviour bonds of greater length than 24 months corresponded to the averaged longer term of 782.9 days before the sentenced
284:
The ABS' 2017-18 key findings also revealed that non-custodial orders (including good behaviour bonds) were the most common type of sentencing for individuals found guilty of perpetrating family and domestic violence. The statistics showed that 72% (2,115) of courts imposed good behaviour bonds as an
275:
found that "other non-custodial orders" was the most common type of sentencing in
Children's Courts across Australian states and territories. This category was defined to include good behaviour bonds and recognisance orders, under which 53% (11,782) of defendants who were proven guilty received their
209:
when determining whether good behaviour bonds are appropriate. In its description of general sentencing powers wielded by the courts, under
Section 7(f) of Part 2, the Act states that an offender may or may not be convicted. Within either case, the court may choose to adjourn proceedings for up to 60
171:
and intensive correction orders respectively. The concept of a "good behaviour bond" is then described specifically in
Section 97, which describes the "discharge of...defendants on entering into good behaviour bond." An additional condition is clarified at subsection (3), which explicitly states the
188:
details the required circumstances of an offence for a good behaviour bond to apply. In similar fashion to both legislation in
Victoria and the Northern Territory, Section 12 of the Act states the abolition of the requirement for offenders to "enter into a bond...to be of good behaviour or keep the
302:
Through the findings of their report, "Bonds, suspended sentences and reoffending: Does the length of the order matter?", the AIC claimed that "the instantaneous risk of reoffending higher" for offenders who were given good behaviour bonds of longer time frames. The data utilised to generate this
82:
states that a good behaviour bond under
Section 9 replaces imprisonment even if it forms a valid option, but cannot exceed a term of 5 years. Section 10 considers the "extenuating circumstances" of an offence, as well as the importance of expediency, and is exercised when determined that any other
293:
The Australian Institute of Criminology (AIC) provided statistics regarding the imposition rates of good behaviour bonds in Australian courts, prior to the report's publication date of 2013. The AIC found that an approximate total of 77,940 individuals were placed under the obligations of a good
249:
surrounding the over-policing of Indigenous Australian offenders who were given non-custodial sentences (i.e. good behaviour bonds). The policies which target these individuals, such as the New South Wales' Suspect Target Management Plan (STMP), were criticised by the RLC for their failure to
257:
also reflected upon the process of implementing good behaviour bonds for young offenders from remote Indigenous Australian communities. The submission of the Oz Child Legal Service (OCLS) at 19.69 suggested that courts should take into account the offenders' varying perceptions of time when
34:
which involves the condition of the offender's "good behaviour" for a set period. The condition of "good behaviour" primarily requires the offender to obey the law, but may also include additional probation officer supervision, mandatory medical treatment or participation in rehabilitation,
530:
72:
record of 30 November 1999 clarifies that both "bond" and "recognisance" are terms which entail "the release of an offender upon probation", thus Section 101 intends to clarify terminology use. The
258:
prescribing good behaviour bonds. The OCLS claimed that the given penalty should be achievable, and described in periods of time (e.g. school terms) which can be easily recognised by the offender.
242:, as well as increased victim satisfaction with greater accountability for the offender. However, law reform submissions have been made surrounding the potential issues of good behaviour bonds.
986:
729:
398:
43:
for the offence. The specific conditions which constitute a good behaviour bond, as well as the consequences for breaching them, vary under each Australian state or territory's
250:
distinguish between minor and major offences. The RLC claimed that this resulted in unjust treatment and the increased chance of re-offending or good behaviour bond breaches.
365:
1055:
548:
827:
317:
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behaviour bond in 2011, which combined with the number of "fully suspended sentences" to make up 15% of total sentences in adult courts in Australia.
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form of punishment would be ineffective. Section 12 guides the imposition of a good behaviour bond for an offender sentenced to less than 2 years'
136:
1031:
446:
235:
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magistrates when imposing a good behaviour bond. Good behaviour is imposed as a general condition in Sections 72(1)(b) and 82(1)(a) for
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919:
68:. Section 101(1)(a) declares the eradication of the courts' power to impose a "recognisance to be of good behaviour". The official
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272:
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657:
35:
counselling and intervention programs. These imposed conditions are determined by state legislation and at the magistrate's
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898:
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still grants magistrates the ability to hold offenders accountable for their behaviour upon conditional release.
802:
702:
422:
516:
330:
750:
899:"AIC Reports: Research and Public Policy Series - "Restorative justice in the Australian criminal system""
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876:
19:
This article is about the Australian legal system. For the US term relating to sentence reduction, see
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234:
The legal application of good behaviour bonds may be considered positively, due to research from the
112:
596:
855:
572:
168:
128:
87:. The sentence is suspended on the condition of the offender adhering to the good behavior bond.
614:
147:" in releasing an offender. Therefore, despite the indicated removal of bonds, in practice the
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847:
190:
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20:
839:
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65:
399:"Good Behaviour Bonds and Non-Conviction Orders: A report of the NSW Sentencing Council"
31:
1069:
968:
859:
342:
84:
1010:"Bonds, suspended sentences and reoffending: Does the length of the order matter?"
684:
639:
1030:
Community Relations Division, freecall 1800 685 449; Justice, NSW Department of.
1009:
44:
329:
Mentioned as example under "Non-prison punishments | Community corrections" in
336:
239:
96:
40:
36:
851:
843:
341:
Within jurisdictions of Wales, England and Hong Kong, may be referred to as
140:
47:, but overall are used most commonly for first-time and juvenile offenders.
39:. A good behaviour bond may be established with or without a recorded legal
316:
The August 2016 issue of the Crime and Justice Bulletin, published by the
206:
69:
253:
Under consideration of current sentencing options (Section 19), the
828:"Good behaviour bonds and re-offending: The effect of bond length"
218:
The legislation applied to good behaviour bond imposition in the
115:
courts instead refer to "adjourned undertakings" through the
16:
Type of non-custodial sentence in the Australian legal system
826:
Bartels, Lorana; Weatherburn, Don; Poynton, Suzanne (2014).
111:
With the abolition of "common law bonds" in Section 71, the
906:
Australian Government - Australian Institute of Criminology
366:"Chapter 5: Reasons for high Indigenous imprisonment rates"
280:
Experimental family and domestic violence (FDV) statistics
948:
Australian Government: Australian Law Reform Commission
884:
ACT Legislation Register - Crimes (Sentencing) Act 2005
245:
The Parliament of Australia heard submissions from the
64:
specifies the requirements of a good behaviour bond in
707:
Government of Western Australia: Department of Justice
238:
indicating that it may contribute to reduced rates of
51:
Implementation in Australian states & territories
778:"Tasmanian Legislation Online - Sentencing Act 1997"
318:
NSW Bureau of Crime Statistics and Research (BOCSAR)
298:
Correlation between bond length and recidivism rates
267:
Non-custodial sentencing rates in Children's courts
99:, the relevant act for good behaviour bonds is the
832:Australian and New Zealand Journal of Criminology
447:"Legislative Council Hansard - 30 November 1999"
987:"4513.0 - Criminal Courts, Australia, 2017-18"
969:"4513.0 - Criminal Courts, Australia, 2017-18"
8:
689:Legal Services Commission of South Australia
644:Legal Services Commission of South Australia
312:Conditional discharge trends in state courts
62:Crimes (Sentencing Procedure) Act 1999 (NSW)
1054:: CS1 maint: numeric names: authors list (
230:Related law reform submissions & issues
737:Department of Justice - Western Australia
236:Australian Institute of Criminology (AIC)
139:(referring to the representative of the
354:
335:In Canadian law, may be referred to as
255:Australian Law Reform Commission (ALRC)
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493:Queensland Sentencing Advisory Council
289:Historical use of good behaviour bonds
101:Penalties and Sentences Act 1992 (Qld)
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1004:
1002:
1000:
871:
869:
801:Justice, Department of (2015-01-07).
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273:Australian Bureau of Statistics (ABS)
7:
944:"19. Sentencing: Sentencing options"
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509:
417:
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393:
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387:
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360:
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1014:Australian Institute of Criminology
1032:"Trends in conditional discharges"
615:"Good behaviour order: supervised"
517:"Penalties and Sentences Act 1992"
26:In the Australian legal system, a
14:
897:Larsen, Jacqueline Joudo (2014).
549:"Possible outcomes and penalties"
924:Australian Law Reform Commission
807:www.sentencingcouncil.tas.gov.au
465:"Section 9 good behaviour bonds"
423:"Good Behaviour Bonds Explained"
991:Australian Bureau of Statistics
973:Australian Bureau of Statistics
271:In their 2017-18 analysis, the
877:"Crimes (Sentencing) Act 2005"
755:Hobart Community Legal Service
703:"After conviction: what next?"
577:www.judicialcollege.vic.edu.au
573:"29.4.4 - Good behaviour bond"
1:
619:Northern Territory Government
601:Northern Territory Government
451:Parliament of New South Wales
547:Browne, Kylie (2014-04-03).
489:"Sentencing adult offenders"
305:New South Wales' Local Court
224:Crimes (Sentencing) Act 2005
220:Australian Capital Territory
214:Australian Capital Territory
308:individual had reoffended.
30:is a type of non-custodial
1107:
782:www.legislation.tas.gov.au
247:Redfern Legal Centre (RLC)
205:is cited by the courts in
18:
1091:Penal system in Australia
665:www.legislation.sa.gov.au
117:Sentencing Act 1991 (Vic)
844:10.1177/0004865813504769
186:Sentencing Act 1995 (WA)
161:Sentencing Act 2017 (SA)
133:Sentencing Act 1995 (NT)
1081:Australian criminal law
920:"Police Accountability"
553:www.legalaid.vic.gov.au
370:Parliament of Australia
331:Punishment in Australia
685:"Good behaviour bonds"
640:"Good behaviour bonds"
406:NSW Sentencing Council
266:
193:or programme options.
77:(Sentencing Procedure)
1036:www.bocsar.nsw.gov.au
730:"Sentencing Act 1995"
658:"Sentencing Act 2017"
597:"Sentencing Act 1995"
531:"Sentencing Act 1991"
469:www.judcom.nsw.gov.au
145:prerogative of mercy
262:Relevant statistics
203:Sentencing Act 1997
28:good behaviour bond
427:www.findlaw.com.au
169:periodic detention
163:is referred to by
143:) may exercise a "
129:Northern Territory
123:Northern Territory
1086:Legal terminology
408:. September 2011.
191:community service
182:Western Australia
176:Western Australia
21:Good conduct time
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838:(1): 25–43.
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751:"Sentencing"
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1070:Categories
1041:2019-05-31
954:2019-05-12
929:2019-05-21
812:2019-05-31
803:"Glossary"
787:2019-05-13
760:2019-05-21
712:2019-05-12
670:2019-05-21
625:2019-05-12
582:2019-05-31
558:2019-05-28
499:2019-05-12
495:. May 2012
474:2019-05-12
432:2019-05-12
375:2019-05-12
349:References
337:Peace bond
276:sentence.
240:recidivism
97:Queensland
91:Queensland
41:conviction
37:discretion
860:155034384
852:0004-8658
113:Victorian
1050:cite web
324:See also
207:Tasmania
197:Tasmania
107:Victoria
32:sentence
222:is the
70:Hansard
858:
850:
184:, the
74:Crimes
902:(PDF)
880:(PDF)
856:S2CID
733:(PDF)
661:(PDF)
534:(PDF)
402:(PDF)
141:Crown
1056:link
848:ISSN
201:The
159:The
60:The
840:doi
180:In
95:In
80:Act
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536:.
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477:.
453:.
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378:.
23:.
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