Going to Court? Book Your Free First Appointment

Commonwealth Penalties – Recognizance Release Order

Last updated on
Information on this page was reviewed by a specialist defence lawyer before being published. Click to read more.

The Crimes Act 1914 contains a number of provisions enabling those who plead guilty or are found guilty of a Commonwealth criminal offence to avoid going to prison, despite a criminal conviction being recorded against them.

Section 20(1)(b) of the Act allows a person who is sentenced to imprisonment for a Commonwealth offence to avoid going to prison for all or part of the term of the sentence conditional upon entry into a good behaviour bond for up to a period of 5 years.

This is known as a ‘recognizance release order’.

There are two broad types of recognizance release orders:

  1. Where a defendant is immediately released into the community conditional upon entering a bond, or
  2. Where a defendant with a prison sentence of 3 years or less is released from custody after serving a specified period of the time in prison, conditional upon entering a bond for the remainder of the time.

Conditions that come with the recognizance release orders include being of ‘good behaviour’ – which means not committing any criminal offences for the duration of the order – agreeing to pay a sum of money if the order is breached.

There can be a number of additional conditions, which may include:

  • Undertaking mental health support or treatment, such as counselling,
  • Complying with supervision by community corrections, and/or
  • Paying a monetary order such restitution, reparations or compensation for the damage caused by the offence.

Breaching a recognizance release order can result in a person being called back before the court and dealt with for the breach, in which case the court may:

  • Take no action for the breach,
  • Extend the period of complying with conditions of the order, or
  • Revoking the order and imposing an alternative sentence, which may include full time imprisonment.

A recognizance release order is not available for certain offences including terrorism, treachery, espionage and treason.

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Ask Our AI Assistant

Disclaimer: Response is AI generated general advice only and should not be relied upon without consulting a lawyer.

Saved Articles & Pages

APPOINTMENT BOOKING FORM

Preferred date for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)