When someone is convicted of a criminal offence, going to prison is not always the outcome. In New South Wales, courts have a range of sentencing options designed to balance punishment, rehabilitation, and the protection of the community. One of the most common alternatives to a custodial sentence is a Good Behaviour Bond.
A good behaviour bond allows an offender to stay in the community under certain conditions, provided they demonstrate good behaviour for a set period. This sentencing option is often used for less serious offences or first-time offenders and can help people avoid the long-term consequences of imprisonment while still being held accountable.
This article will explain what a good behaviour bond is, how it works in NSW, the conditions that apply, and what happens if the bond is breached.
What Is a Good Behaviour Bond?
A Good Behaviour Bond is a court order that requires an offender to promise to be of good behaviour for a specified period. Instead of serving a custodial sentence, the person enters into a legally binding agreement with the court, committing to follow the law and comply with any additional conditions.
The goal of a good behaviour bond is to provide offenders with an opportunity to demonstrate they can stay out of trouble, rehabilitate, and avoid reoffending, while still holding them accountable for their actions.
Types of Good Behaviour Bonds in NSW
In New South Wales, there are two main types of good behaviour bonds under the Crimes (Sentencing Procedure) Act 1999 (NSW):
- Section 9 Good Behaviour Bond
A Section 9 bond is issued in place of a conviction and allows an offender to remain in the community under supervision. It often includes additional conditions such as attending counselling or rehabilitation programs. - Section 10(1)(b) Good Behaviour Bond
A Section 10 bond is one of the most favourable outcomes for an offender. It allows the court to dismiss the charges without recording a conviction if the person enters into a good behaviour bond for a set period. This option is commonly used for first-time offenders or minor offences.
How Long Does a Good Behaviour Bond Last?
The length of a good behaviour bond depends on the nature of the offence and the court’s discretion. Bonds can range from six months to five years. The duration is intended to be long enough to demonstrate the offender’s commitment to rehabilitation and good conduct.
What Conditions Are Attached to a Good Behaviour Bond?
While the primary condition is to be of good behaviour, courts often impose additional requirements to address the underlying issues that led to the offence. Common conditions include:
- Attending counselling or rehabilitation programs
- Abstaining from drugs or alcohol
- Regularly reporting to a supervising officer
- Not contacting certain people or visiting specific locations
- Complying with curfews
The specific conditions depend on the circumstances of the offence and the offender’s background.
Who Is Eligible for a Good Behaviour Bond?
Good behaviour bonds are typically considered for:
- First-time offenders
- Less serious criminal offences
- Cases where rehabilitation is a realistic goal
- Situations where a custodial sentence is not deemed necessary for community safety
Ultimately, it is up to the court to determine whether a bond is an appropriate sentencing option based on the facts of the case and the offender’s history.
Benefits of a Good Behaviour Bond
A good behaviour bond can have significant benefits compared to other sentencing options:
- Avoids imprisonment: Allows the offender to remain in the community and maintain employment and family connections.
- Supports rehabilitation: Conditions often focus on addressing the root causes of offending behaviour.
- Reduces stigma: Particularly for Section 10 bonds, avoiding a conviction can help prevent long-term consequences such as difficulties finding work or travelling overseas.
- Encourages compliance: The threat of a harsher penalty if the bond is breached motivates offenders to demonstrate good behaviour.
What Happens if You Breach a Good Behaviour Bond?
Breaching a good behaviour bond is taken very seriously. A breach can occur if the offender:
- Commits another offence during the bond period
- Fails to comply with any of the bond’s conditions
- Does not appear in court when required
If a bond is breached, the court can revoke it and resentence the offender for the original offence. This often results in a harsher penalty, which can include imprisonment.
For example, if you are serving a Section 9 bond for a minor assault and you commit another offence during the bond period, the court can cancel the bond and impose a custodial sentence for the original assault charge.
How Can a Solicitor Help with a Good Behaviour Bond?
If you are facing criminal charges and are worried about the outcome, a solicitor can play a crucial role in helping you secure a good behaviour bond. A criminal law solicitor can:
- Present evidence of your character, employment, and personal circumstances to argue for a bond instead of imprisonment.
- Prepare submissions to demonstrate your willingness to rehabilitate.
- Explain the conditions of the bond to ensure you understand your obligations.
- Represent you in court if there are allegations that you breached a bond, aiming to minimise the consequences.
Case Example
Imagine a first-time offender charged with shoplifting. The court considers the offence minor and notes that the person has no prior criminal record and stable employment. The magistrate imposes a 12-month Section 10 good behaviour bond with the condition that the offender attend a theft prevention course. If the offender complies and avoids further offences during that period, the charge is dismissed, and no conviction is recorded.
Practical Tips for Complying with a Good Behaviour Bond
- Understand the Conditions: Make sure you know exactly what is required of you and what would constitute a breach.
- Stay Out of Trouble: Avoid situations that could lead to further offences or negative associations.
- Attend All Programs: If the bond includes counselling or rehabilitation, attend every session and keep records of your participation.
- Communicate with Your Solicitor: Keep your solicitor informed of any issues or concerns about complying with the bond.
- Seek Support: Family, friends, and community services can help you stay on track and meet the conditions of the bond.
Why Understanding Good Behaviour Bonds Matters
For anyone facing criminal charges, understanding good behaviour bonds can make a significant difference in the outcome of your case. These bonds provide an opportunity to avoid imprisonment, focus on rehabilitation, and demonstrate a commitment to turning your life around.
Knowing how they work, what conditions may apply, and the consequences of breaching a bond can help you navigate the legal process with confidence and ensure you comply with the court’s expectations.
Conclusion
A Good Behaviour Bond in NSW is more than just a sentencing option, it is a second chance. It allows offenders to stay in the community, work on rehabilitation, and avoid harsher penalties while holding them accountable for their actions. Whether it is a Section 9 or Section 10 bond, complying with the conditions is essential to successfully completing the order and moving forward without further legal consequences.
If you are facing criminal charges, seeking advice from an experienced solicitor is vital. A solicitor can guide you through the process, advocate for the best possible outcome, and help you understand your obligations under a good behaviour bond. With the right legal support, a bond can be the opportunity you need to rebuild your life and avoid long-term repercussions.
