A Good Behaviour Bond is a type of sentencing option in Australia that allows an offender to avoid a custodial sentence by agreeing to comply with certain conditions for a specified period. Instead of going to prison or receiving a more severe penalty, the individual enters into a legally binding agreement with the court to demonstrate good behaviour and follow any additional requirements imposed. This sentencing option is designed to encourage rehabilitation while allowing the offender to remain in the community.
When a court issues a good behaviour bond, the offender must promise not to commit any further offences during the bond period. In some cases, the court may attach extra conditions such as attending counselling, completing rehabilitation programs, or regularly reporting to a supervising officer. The length of the bond varies depending on the offence and the jurisdiction, but it is typically between six months and five years.
There are two common types of good behaviour bonds in Australia:
- Section 9 Good Behaviour Bond under the Crimes (Sentencing Procedure) Act 1999 (NSW), which is imposed instead of a conviction and allows the offender to remain in the community under supervision.
- Section 10(1)(b) Good Behaviour Bond, which allows the court to dismiss the charges without recording a conviction if the offender enters into a bond to be of good behaviour for a set period. This option is often used for first-time or minor offences.
Breaching a good behaviour bond is taken seriously. If the offender fails to comply with the conditions or commits another offence during the bond period, they can be brought back before the court. The court may revoke the bond and impose a harsher penalty for the original offence, including imprisonment.
Example: If a person is convicted of a minor assault but has no prior criminal record, the court may issue a 12-month good behaviour bond requiring them to avoid further offences and attend an anger management program. If they complete the bond period without breaching any conditions, they will have fulfilled the court’s order and avoided a custodial sentence.
Good behaviour bonds are intended to balance accountability and rehabilitation, giving offenders an opportunity to demonstrate they can abide by the law while avoiding the long-term consequences of imprisonment.
