Good Behaviour Bonds in Queensland
Good Behaviour Bonds in Queensland
A good behaviour bond is a sentence where an offender is released into the community on condition that they not commit another offence for a set period of time. These bonds are usually referred to as a recognisance: a promise to be of good behaviour for a set period of time. A good behaviour bond may include a surety (a guarantee or an amount of money) and any other conditions that the court thinks are appropriate in the particular circumstances. A good behaviour bond can be imposed either with or without a conviction.
There are three kinds of bonds under the Penalties and Sentences Act 1992:
- a section 19 bond
- a bond under sections 30, 31 or 32
- a section 24 bond.
Bonds under section 19
Good behaviour bonds in Queensland can be issued under section 19 for any indictable or summary offence under any Act or law of Queensland. While you have been found guilty of the offence, no conviction will be recorded against you.
If you have been convicted of a minor drug offence, a section 19 bond may be given to allow you to enter into the court diversion program. One of the conditions of release contained in the bond would be that you attend the program.
Drug diversion is available for people who have been charged with:
- possession of a dangerous drug in quantities less than the schedule amount. This means that it is not available for matters that must be heard in the Supreme Court.
- possession of anything that is used to administer a drug
- failing to take proper care of, or to safely dispose of, a syringe.
Inclusion in drug diversion is not available to you if you are charged with, or have past convictions for:
- any sexual offences
- trafficking, supply, production or possession of dangerous drugs that was heard, or will have to be heard, in the Supreme Court
- indictable offences that were committed using violence, but not including common assault or serious assault.
Bonds under section 24
Good behaviour bonds in Queensland issued under section 24 apply if you are convicted of an offence relating to property damage or stealing. A conviction will not be recorded against you unless you breach the bond and have to come back to the court to be re-sentenced.
When you enter the bond, the court will adjourn sentencing to a date sometime in the following six months, and release you on the recognisance. You must come back to court to be sentenced if you are directed to do so.
As well as the condition that you be of good behaviour, there can be conditions attached to the bond that you return or restore the property, or that you pay compensation for any damage you have caused.
Bonds under sections 30, 31 and 32
Good behaviour bonds in Queensland are issued under section 30 for indictable offences. If you are convicted on indictment the court may order that you be released on a bond (with or without sureties) for a specified period of time. This is in addition to, or instead of, any other sentence that the court imposes.
You will be imprisoned until you enter into the bond, although you cannot be held for longer than one year in these circumstances.
Section 31 bonds apply to summary offences. These bonds can only be imposed for a period of less than one year, and will require that you keep the peace and be of good behaviour.
Section 32 bonds can be imposed instead of any other penalty that is available to the court.
Breaching a recognisance
For all good behaviour bonds in Queensland, if the court is satisfied that you have failed to comply with a condition, the bond may be forfeited and a warrant issued for your arrest.
If a forfeiture order is made, you will lose any surety promised under the bond.
Under the warrant, you can be arrested at any time, bought back to court and re-sentenced.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Related Content
Michelle Makela
National Practice Manager
Michelle Makela is a Legal Practice Director at Go To Court Lawyers. She holds a Juris Doctor, a Bachelor of Science (Psychology) and a Master of Criminology. She was admitted to practice in 2006. Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
When a person is charged with criminal offences, they may want to provide the court with character references before they are sentenced. These can help the court to understand the offending in a broader context and appreciate the way the defendant is perceived by others in the community. This page ....
Posted in:
Sentencing
Parole is the conditional release of a person from prison before the end of their sentence. The parolee is supervised in the community by Corrective Services until the end of their sentence. Parole in Queensland is governed by the Penalties and Sentences Act 1992 and the Corrective Services Act 2006. When a person is sentenced ....
Posted in:
Sentencing
Asset Forfeiture (NSW) In New South Wales, the Confiscation of Proceeds of Crime Act 1989 governs the forfeiture of assets associated with criminal activity. Under this Act, certain property may be confiscated if a person is charged or convicted of an offence. This page deals with asset forfeiture in New ....
Posted in:
Court Processes
Sentencing
Youth Justice Conferences (NSW)
Youth Justice Conferences (NSW) Youth Justice Conferences are a diversionary option available to young offenders who have been charged with a criminal offence. They are an alternative way of dealing with offences that are too serious for warnings or cautions while allowing the young person to avoid going through the ....
Posted in:
Sentencing
Sentencing Purposes (Qld) When Queensland courts impose sentences for criminal offences, they must be guided by section 9 of the Penalties and Sentences Act 1992. This provision set out the purposes for which penalties may be imposed in Queensland and applies whenever a person is sentenced under the Penalties and ....
Posted in:
Sentencing
Community Based Sentencing Orders Queensland
Under the Penalties and Sentences Act 1992, a Queensland court can impose a community service order when sentencing a person for an offence that is punishable by imprisonment. Community based sentencing orders in Queensland include any community service order, graffiti removal order, intensive correction order or probation order. They can only ....
Posted in:
Sentencing
Suspended Sentences (NT) In the Northern Territory, when someone is found guilty of a criminal offence, one of the sentencing orders that a court can make is a term of imprisonment, which is then suspended for a designated period of time. The person is not required to serve the time ....
Posted in:
Sentencing
Serious Offenders (Vic) The Serious Offenders Act 2018 provides a framework for dealing with serious offenders who have served custodial sentences in Victoria and who continue to pose an unacceptable risk to the community upon completing their sentence. The act allows the Supreme Court to order such offenders to be ....
Posted in:
Sentencing
Findings of Guilt With No Conviction (NSW)
In New South Wales, courts can deal with criminal offences without recording a conviction if they choose to make an order under Section 10 of the Crimes (Sentencing Procedure) Act 1999. Where it is appropriate, courts can make an order under this provision dismissing a charge completely or discharging the offender ....
Posted in:
Sentencing
New South Wales courts must sentence offenders found guilty of criminal offences under the Crimes (Sentencing Procedure) Act 1999 NSW. No two crimes are the same and so courts are afforded immense discretion when sentencing an offender, after considering all the circumstances of the offending and of the offender. In ....
Posted in:
Sentencing
Imprisonment In Melbourne Imprisonment is the most severe penalty that a person being sentenced for criminal offences in Melbourne can incur. A term of imprisonment must be imposed only as a last resort when no lesser sentencing option is appropriate. In Melbourne, there are both privately and publicly operated prisons, ....
Posted in:
Sentencing
Good Behaviour Bonds (Tas) In Tasmania, a court may release a person who has been found guilty of a criminal offence on an undertaking. Undertakings are known as good behaviour bonds in many other states. This article explains how undertakings work in Tasmania. What is an undertaking? Under section 7(f) ....
Posted in:
Sentencing