Good behaviour bond
As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO).
A good behaviour bond is an order of the court that requires you to be of good behaviour for a specified period of time. The court can impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is 5 years.
Section 9 of the Crimes (Sentencing Procedure) Act 1999 is where this type of penalty is found. Section 9 states:
- 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.
- The term of a good behaviour bond must not exceed 5 years.
- This section is subject to the provisions of Part 8.
Is a Section 9 Good Behaviour Bond a Conviction and will I have a Criminal Record?
If you are sentenced to a section 9 bond, then you have been convicted of the offence, and it will appear on your criminal record. A section 9 bond is different to, and should not be confused with, a section 10 bond, which is not a conviction (but still appears on your criminal record for the duration of the bond).
There will always be an entry on your criminal record for the result you obtained at Court.
Can you Travel Overseas While on a Section 9 Good Behaviour Bond?
Being able to travel overseas whilst on a section 9 bond depends on two things:
- Any conditions that you are supposed to abide by that would prevent you from leaving, or, that you would not be able to fulfil for a period of time whilst you are overseas; and/or
- The visa requirements of the particular country you intend to enter.
You should get specific legal advice about your personal situation if you are unsure.
Some Conditions that may be Imposed, if Necessary:
Community Corrections Supervision
The court can order that you be supervised by an officer of the NSW Community Corrections (formerly Probation and Parole). Normally a court will order that the supervision remain in place for as long as the Community Corrections deem it necessary.
The court can order that you attend for drug or alcohol abuse counselling, or anger management counselling , and make your attendance a condition of a good behaviour bond.
Residence at a rehabilitation centre
That you live at a particular rehabilitation centre for a period of time can be made a condition of the bond.
The court cannot make a condition of a bond that you pay compensation to the victim of a crime (section 95(c)(ii) Crimes (Sentencing Procedure) Act 1999. Compensation orders are governed by the Victims Rights and Support Act 2013.
If you obey the conditions of the good behaviour bond for the time set by the court there is no further penalty. However if you do not obey the conditions the court may summons you appear before the court to be re sentenced for the offence.
What Constitutes a Breach of a Section 9 Bond, and what Happens if You Do?
You can breach your section 9 good behaviour bond, by:
- Committing another offence of any kind; or
- Failure to abide by any conditions that were set for your bond (like not attending counselling or missing your appointments with your community corrections supervisor)
You may be summonsed to court for a breach of the good behaviour bond the court can do any one of the following:
- Decide to take no action;
- Vary the conditions of the bond;
- Impose further conditions on the bond; or
- Revoke the bond and re sentence you to a potentially tougher penalty.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.