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A good behaviour bond is a sentencing order that requires an offender to abide by conditions, including to be of 'good behaviour' for a specified period. It is a penalty that is generally imposed for low-level offending or for a person's first offence. In New South Wales, good behaviour bonds for adults no longer exist. However, good behaviour bonds still exist as a sentencing option for young offenders under the Children (Criminal Proceedings) Act 1987.
Understanding the current state of good behaviour bonds in NSW is crucial for anyone facing criminal charges or their families. The sentencing landscape has undergone significant changes in recent years, affecting how courts deal with both adult and juvenile offenders. This guide will help you navigate the current system and understand your options.
Good behaviour bonds for young people
Duration and basic requirements
A young person can be sentenced to a good behaviour bond for a period of up to two years under section 33(1)(g) of the Children (Criminal Proceedings) Act 1987. This means that for the period of the order, the young person must not commit a further offence and must attend court if called upon to do so. If the young person commits a further offence while on a good behaviour bond, the court may resentence them for the original offending.
The court considers various factors when determining the appropriate length of a good behaviour bond, including the seriousness of the offence, the young person's criminal history, their personal circumstances, and their likelihood of rehabilitation. The bond serves as both a punishment and a deterrent, encouraging young offenders to modify their behaviour while remaining in the community.
Additional conditions and requirements
A good behaviour bond may be imposed with additional conditions attached. This may include a condition that the young person perform community service work or pay a fine or compensation. Other conditions commonly imposed include:
- Regular reporting to a nominated person or agency
- Participating in counselling or rehabilitation programs
- Abstaining from alcohol or drugs
- Not associating with particular people
- Observing a curfew
- Not attending certain locations
These additional conditions are designed to address the underlying causes of offending behaviour and provide support for the young person's rehabilitation. The court will tailor conditions to the individual circumstances of each case, ensuring they are reasonable and achievable.
Abolition of good behaviour bonds for adults
The 2018 legislative changes
In 2018, the Crimes (Sentencing Procedure) Act 1999 was amended and a number of community-based sentencing options for adults were abolished. Suspended sentences, good behaviour bonds and home detention orders were all abolished at this time. The government replaced these sentencing options with new community-based sentencing options that involved a higher level of supervision and could be tailored to the individual situation.
The amendments came into effect on 24 September 2018, marking a significant shift in NSW's approach to adult sentencing. These changes were part of broader criminal justice reforms aimed at reducing reoffending rates and improving community safety outcomes.
Reasons for abolition
The government said that the changes were necessary because a high number of offenders were being sentenced to community-based orders that did not involve supervision. These orders were felt to be ineffective in addressing the causes of offending behaviour. Research indicated that unsupervised orders had limited impact on reducing recidivism rates.
The NSW Government cited statistics showing that many offenders on good behaviour bonds received little to no support or intervention to address their offending behaviour, leading to high rates of reoffending. The lack of supervision meant that breaches often went undetected, undermining the effectiveness of the sentencing system.
Under the amendments, good behaviour bonds were replaced by conditional release orders for most circumstances, providing courts with more structured alternatives.
Conditional release orders
How conditional release orders work
When a person is sentenced to a conditional release order, they must agree not to commit a further offence for the period of the order. They must agree to appear before the court if called upon to do so. Other conditions may also be imposed as part of a conditional release order such as a condition that the offender take part in specified programs or abstain from alcohol and drugs.
Conditional release orders under section 9 of the Crimes (Sentencing Procedure) Act 1999 can be imposed for up to two years. Unlike the former good behaviour bonds, these orders may include more intensive supervision and monitoring requirements, depending on the circumstances of the case and the offender's risk profile.
Types of conditions imposed
Courts can impose various conditions on conditional release orders, including:
- Supervision by Community Corrections
- Drug and alcohol testing
- Participation in rehabilitation programs
- Mental health treatment
- Community service work
- Payment of compensation to victims
- Restrictions on movement or association
The court must ensure that any conditions imposed are reasonable, necessary, and proportionate to the offence committed. Conditions should also be achievable and support the offender's rehabilitation and reintegration into the community.
Community correction orders and intensive correction orders
Enhanced supervision options
As part of the 2018 reforms, NSW introduced community correction orders (CCOs) and intensive correction orders (ICOs) as alternatives to imprisonment. These orders provide courts with more flexible sentencing options that include varying levels of supervision and support services.
Community correction orders can be imposed for up to three years and include mandatory conditions such as not committing further offences and reporting to Community Corrections. Additional conditions can be tailored to address specific criminogenic needs, such as drug and alcohol dependency, mental health issues, or lack of education and employment skills.
Breach consequences
When an offender breaches a conditional release order or community correction order, they must appear before the court to explain the breach. The court may choose to take no action, impose additional conditions, or resentence the offender for the original offence. This may result in a more severe penalty, including imprisonment.
The structured approach to monitoring and responding to breaches is designed to ensure compliance with court orders while providing opportunities for offenders to address their behaviour and avoid further offending.
Impact on sentencing practices
Changes for legal practitioners
The abolition of good behaviour bonds has required legal practitioners to adapt their sentencing submissions and advice to clients. Defence lawyers must now consider the range of new community-based orders available and their suitability for different types of offenders and offences.
The changes have also affected plea negotiations and case preparation, as the enhanced supervision requirements of new orders may influence how offenders respond to sentencing proposals. Legal representatives must carefully explain the implications of different sentencing options to their clients.
Judicial discretion and sentencing outcomes
While the new system provides courts with more structured sentencing options, it has also increased the complexity of sentencing decisions. Judges must consider not only the appropriate penalty but also the most suitable conditions and supervision requirements for each offender.
Early data suggests that the reforms have led to more offenders receiving supervised community-based orders, potentially improving rehabilitation outcomes and reducing reoffending rates. However, the long-term effectiveness of these changes continues to be monitored and evaluated.
Frequently Asked Questions
Can adults still receive good behaviour bonds in NSW?
No, good behaviour bonds for adults were abolished in NSW in September 2018. Adults now receive conditional release orders or other community-based sentencing options instead. However, young offenders under the Children (Criminal Proceedings) Act 1987 can still receive good behaviour bonds.