Crimes (Sentencing Procedure) Act 1999 No 92
Current version for 23 October 2014 to date (accessed 29 November 2014 at 18:19)
Part 8

Part 8 Sentencing procedures for good behaviour bonds

94   Application

This Part applies in circumstances in which a court is considering, or has made, an order that provides for an offender to enter into a good behaviour bond.

95   Good behaviour bonds

A good behaviour bond:
(a)  must contain a condition to the effect that the offender to whom the bond relates (the person under bond) will appear before the court if called on to do so at any time during the term of the bond, and
(b)  must contain a condition to the effect that, during the term of the bond, the person under bond will be of good behaviour, and
(c)  may contain such other conditions as are specified in the order by which the bond is imposed, other than conditions requiring the person under bond:
(i)  to perform community service work, or
(ii)  to make any payment, whether in the nature of a fine, compensation or otherwise.

95A   Intervention program as condition of good behaviour bond

(1)  A good behaviour bond may contain a condition requiring the offender to participate in an intervention program and to comply with any intervention plan arising out of the program.
(2)  A good behaviour bond may not contain such a condition unless the court is satisfied:
(a)  that the offender is eligible to participate in the intervention program in accordance with the terms of the program, and
(b)  that the offender is a suitable person to participate in the intervention program, and
(c)  that the intervention program is available in the area in which the offender resides or intends to reside, and
(d)  that participation by the offender would reduce the likelihood of the offender committing further offences by promoting the treatment or rehabilitation of the offender.
(3)  This section does not limit the power of a court under section 95 (c) to impose a condition on a good behaviour bond as to participation in any program for treatment or rehabilitation that is not an intervention program.
(4)  This section does not limit the kinds of conditions that may be imposed on an offender by means of any other order or direction under this or any other Act, so that such an order or direction may include a condition of a kind referred to in subsection (1) or (3).

95B   Referral of offender for assessment

Before a court makes an order providing for an offender to enter into a good behaviour bond that contains a condition referred to in section 95A (1), the court may refer the offender for assessment as to the suitability of the offender to participate in an intervention program.
Note. Regulations may be made for or with respect to the assessment of the suitability of a person to participate in an intervention program under the Criminal Procedure Act 1986.

96   Explanation of good behaviour bond to person under bond

(1)  A court that makes a direction that provides for an offender to enter into a good behaviour bond must ensure that all reasonable steps are taken to explain to the offender (in language that the offender can readily understand):
(a)  the offender’s obligations under the good behaviour bond, as referred to in section 95, and
(b)  the consequences that may follow if the offender fails to comply with those obligations.
(2)  A good behaviour bond is not invalidated by a failure to comply with this section.

97   Procedure following failure to enter into good behaviour bond

If:
(a)  a court makes an order that provides for an offender to enter into a good behaviour bond, and
(b)  the offender fails to enter into such a bond in accordance with the order,
the court may sentence the offender, or convict and sentence the offender, as if the order had not been made.

98   Proceedings for breach of good behaviour bond

(1)  If it suspects that an offender may have failed to comply with any of the conditions of a good behaviour bond:
(a)  the court with which the offender has entered into the bond, or
(b)  any other court of like jurisdiction, or
(c)  with the offender’s consent, any other court of superior jurisdiction,
may call on the offender to appear before it.
(1A)  If the offender fails to appear, the court may:
(a)  issue a warrant for the offender’s arrest, or
(b)  authorise an authorised officer to issue a warrant for the offender’s arrest.
(1B)  If, however, at the time the court proposes to call on an offender to appear before it, the court is satisfied that the location of the offender is unknown, the court may immediately:
(a)  issue a warrant for the offender’s arrest, or
(b)  authorise an authorised officer to issue a warrant for the offender’s arrest.
(1C)  For the purposes of subsection (1) (c), a court is of superior jurisdiction to the court with which an offender has entered into a good behaviour bond if it is a court to which the offender has (or has had) a right of appeal with respect to the conviction or sentence from which the bond arises.
(2)  If it is satisfied that an offender appearing before it has failed to comply with any of the conditions of a good behaviour bond, a court:
(a)  may decide to take no action with respect to the failure to comply, or
(b)  may vary the conditions of the bond or impose further conditions on the bond, or
(c)  may revoke the bond.
(3)  In the case of a good behaviour bond referred to in section 12, a court must revoke the bond unless it is satisfied:
(a)  that the offender’s failure to comply with the conditions of the bond was trivial in nature, or
(b)  that there are good reasons for excusing the offender’s failure to comply with the conditions of the bond.
(4)  (Repealed)

99   Consequences of revocation of good behaviour bond

(1)  If a court revokes a good behaviour bond:
(a)  in the case of a bond referred to in section 9, it may re-sentence the offender for the offence to which the bond relates, or
(b)  in the case of a bond referred to in section 10, it may convict and sentence the offender for the offence to which the bond relates, or
(c)  in the case of a bond referred to in section 12:
(i)  the order under section 12 (1) (a) ceases to have effect in relation to the sentence of imprisonment suspended by the order, and
(ii)  Part 4 applies to the sentence, as if the sentence were being imposed by the court following revocation of the good behaviour bond, and section 24 applies in relation to the setting of a non-parole period under that Part.
(iii)  (Repealed)
(2)  Subject to Parts 5 and 6, a court may, on revoking a good behaviour bond referred to in section 12, make an order directing that the sentence of imprisonment to which the bond relates is to be served by way of an intensive correction order or home detention.
(3)  An order made under subsection (2) is taken to be a home detention order made under section 6 or an intensive correction order made under section 7, as the case requires.
(4)  This Act applies to the sentencing or re-sentencing of an offender under this section in the same way as it applies to the sentencing of an offender on a conviction.
(5)  An offender who under this section is sentenced by a court for an offence has the same rights of appeal as the offender would have had if the offender had been sentenced by that court on being convicted of the offence.

99A   Right to decide not to participate in intervention program

(1)  An offender may, at any time after entering into a good behaviour bond that contains a condition referred to in section 95A (1) (including after the commencement of the intervention program concerned), decide not to participate or to continue to participate in the intervention program or any intervention plan arising out of the program.
(2)  Such a decision is to be made in accordance with the terms of the intervention program.
(3)  If the offender makes such a decision, the sentencing court or any court of like jurisdiction may call on the offender to appear before it.
(4)  If the offender fails to appear, the court may take any action referred to in section 98 (1A) or (1B).
(5)  A court may, when an offender appears before it following a decision not to participate or to continue to participate in an intervention program or intervention plan:
(a)  vary the conditions of the good behaviour bond or impose further conditions on the bond, or
(b)  revoke the good behaviour bond.
(6)  A court that revokes a good behaviour bond under subsection (5) may re-sentence the offender for the offence for which the good behaviour bond was imposed.
(7)  This Act applies to the sentencing of an offender under this section in the same way as it applies to the sentencing of an offender on a conviction.
(8)  An offender who under this section is sentenced by a court for an offence has the same rights of appeal as the offender would have had if the offender had been sentenced by that court on being convicted of the offence.

100   Action may be taken after good behaviour bond has expired

Action may be taken under this Part in relation to a good behaviour bond even if the term of the bond has expired, but in respect only of matters arising during the term of the bond.
Top of page