This article was written by Michelle Makela - Legal Practice Director
Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...
Recognisance Orders (Qld)
A recognisances order (or bond) is a promise entered into and recorded before a court as a form of penalty. It is a promise made by an offender to appear in court, pay a certain amount of money, keep the peace and be of good behaviour for a specified period. Recognisance orders are similar to good behaviour bonds, which exist as a sentencing order in some other states.
What Type of Recognisance Orders are there?
In Queensland, the Penalties and Sentences Act 1992 provides for three kinds of bonds:
- Section 19 bond;
- Section 30, 31 or 32 bond; or
- Section 24 bond for property-related offences.
Section 19 bond
Section 19 bonds can be given in relation to either indictable or summary offences under any Act. Most of the time when an offender is penalised with a section 19 bond, a conviction will not be recorded unless there is a breach of the court order.
Section 30, 31 or 32 bond
A section 30 bond is available only for indictable offences. An indictable offence is an offence that is more serious than a summary offence. For example, any crimes or misdemeanours such as burglary or assault would constitute an indictable offence.
A section 31 bond is available only for summary offences. A summary offence is a simple offence. For example, traffic offences or disorderly behaviour.
A section 32 bond is available instead of the court imposing any other penalty that would otherwise be available to them.
Section 24 bond
If an offender has been charged with an offence relating to property, the court has the option to place the person on a section 24 bond. The usual process will be to adjourn the matter within six months and place the offender on a recognisance order. The recognisance will require that the offender return for sentence if asked to and restore any property or pay any compensation for damage caused to another person’s property.
What Happens if I Breach a Recognisance Order?
In Queensland, if the court is satisfied that an offender has failed to comply with a condition of a bond/recognisance order, the order may be forfeited and a warrant issued for your arrest. The warrant will allow for the police to bring an offender back before the court to be re-sentenced for the original offending and any subsequent offending that put the person in breach. If, at the time of the order being made, the court requested a sum of money be held as recognisance against an offender, they will be required to pay that sum of money due to the breach.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.