A good behaviour bond is where an offender is ordered to be of ‘good behaviour’ for a specific period of time; up to a maximum of 5 years (see section 9 Crimes (Sentencing Procedure) Act 1999 (NSW)).
Under section 95 of the Act, a good behaviour bond:
- must require the offender to appear before the Court if called to do so during the term of the bond (ss(a));
- must require the offender to be of ‘good behaviour’ (ss(b)); and
- may contain other conditions, but must not require the offender to perform community service or to pay money (ss(c)).
Such conditions may prevent the offender from associating with specific persons (other than close family members) (s100A(a); 100A(3)) or from going to certain places or districts (except for the offender’s place of residence, the offender’s close family’s place of residence, the offender’s workplace, the offender’s educational institution or the offender’s place of worship) (s100A(2)).
Any breach of a good behaviour bond may result in the offender being brought before a Court (s98(1)) and the bond being varied or revoked (cancelled) (ss(2) & (3)).
If that occurs, the Judge may re-sentence the offender to a term of imprisonment or another penalty eg periodic detention or home detention (s99).
If the offender breaches an order not to associate with specific persons or go to certain places, he or she may get up to an additional 6 months in gaol and/or be fined 10 penalty points.
When imposing a good behaviour bond, the Judge should take ‘all reasonable steps’ to explain the offender’s obligations (s96(1)(a)) and the consequences of breaching the order (ss(b)).