What is a Good Behaviour Bond? NSW Penalty Explained

Our video and blog post below explains a good behaviour bond in NSW.

On 24 September 2018, conditional release orders replaced good behaviour bonds under section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999.

Any good behaviour bonds in force prior to 24 September 2018 are now taken to be conditional release orders.

Conditional release orders are a way for a person who pleads guilty or is found guilty of a criminal or major traffic offence to avoid a harsh penalty, or even a criminal conviction altogether, provided they comply with the conditions of the order.

If you had been charged with a criminal or traffic offence in NSW prior to 24 September 2018,  a good behaviour bond was previously one of the potential penalties you may have been given.

As with any penalty that might be levied against you if you are found guilty of an offence, it is important that you understand what a good behaviour bond was, and what conditions you had to meet in order to avoid further consequences.

What was a good behaviour bond?

A good behaviour bond was where a magistrate ordered a person to be of ‘good behaviour’ for a specified amount of time.

A good behaviour bond was generally given in lieu of or even in addition to other penalties, such as a fine.

Breaching the conditions of a good behaviour bond could lead to the magistrate revoking the bond, and imposing a harsher penalty instead.

What were the conditions of a good behaviour bond?

The specific conditions of a good behaviour bond would depend on the individual circumstances, but some examples include:

• Restrictions governing who you associate with, and what places you attend.
• Mandatory drug and/or alcohol rehabilitation or attendance at an approved traffic offender program.
• Undergoing regular supervision by a parole officer or attending court when requested.

How long did a good behaviour bond last?

The maximum length of the bond depended on the type of bond.

Good behaviour bonds lasted for up to 2 years. They didn’t come with a criminal conviction and a fine could not accompany both a section 10 dismissal or conditional release order good behaviour bond.

Previously, section 9 of the Crimes (Sentencing Procedure) Act 1900 (NSW) outlined good behaviour bonds which were issued with a criminal conviction and lasted for up to 5 years. A fine was permitted to be given in addition to she section 9 good behaviour bond.

Section 9 has now been replaced with conditional release orders which may be granted with or without a criminal conviction.

Additionally, section 12 of the Crimes (Sentencing Procedure) Act 1900 (NSW) also outlined good behaviour bonds which were referred to as ‘suspended sentences’. Suspended sentences lasted for a maximum of 2 years.

What happens if I don’t keep the terms of my good behaviour bond?

There are a number of penalties you might face if you breach the terms of your good behaviour bond.

NSW magistrates have the power to revoke the bond, impose further penalties or change the conditions of the bond.

In some cases, you might receive a warning and no further action.

There is also a possibility that your bond will be revoked, and you will be re-sentenced with a more severe penalty.

If you have a ‘section 12 bond’ (suspended sentence) there is a high chance that any breach will lead to a prison sentence.

How can I increase my chances of getting a conditional release order?

A conditional release order is a highly desirable alternative to a prison sentence.

If you are facing criminal or driving charges, there are a few things you can do to help the magistrate look more favourably on your case, and increase your chances of getting a good behaviour bond.

• Provide character references. It is a good idea to obtain character references from at least three people to prove that you are of good character.
• Explain any extenuating circumstances that might have contributed to the offence. Extenuating circumstances is anything unusual that was occurring at the time of the offence, which might have been a factor in your committing the offence.
• Demonstrate that you have taken necessary steps to address any underlying issues that might have contributed to the offence, for example, undergoing counselling, attending drug and alcohol rehabilitation, or undertaking a traffic offender program.

Generally, magistrates are more likely to give section conditional release orders for less serious offences, and for first-time offenders.

If you have a clean driving record, in the case of traffic offences, or no previous criminal convictions, your chances of receiving a conditional release order are higher than an offender with multiple previous offences.

Hiring a good lawyer can help improve your chances of receiving a good behaviour bond.

At Sydney Criminal Lawyers®, we have a proven history of obtaining good behaviour bonds for our clients, and helping them avoid harsher penalties.