Good Behaviour Bonds: What Happens if You Breach it?
When someone is convicted of a criminal offence in Australia, the court has several sentencing options available. One common alternative to imprisonment or heavy fines is a good behaviour bond. But what exactly is a good behaviour bond, and what happens if you fail to comply with it?
This article explains the meaning of good behaviour bonds under Australian Criminal Law, their conditions, and the serious consequences of breaching one.
What is a good behaviour bond?
A good behaviour bond is a sentencing order issued by the court requiring a person to be of good behaviour for a set period. This means they must not commit any further offences during that time and must follow specific conditions imposed by the court.
It is considered a form of rehabilitative sentencing, as it gives the offender a chance to avoid harsher penalties such as imprisonment, provided they comply with the bond’s terms.
Good behaviour bonds are often given to first-time offenders or those whose offences are not deemed serious enough to warrant jail time.
Conditions of a good behaviour bond
While the exact conditions depend on the case and jurisdiction, typical requirements of a good behaviour bond may include:
Not committing any further offences during the bond period.
Attending counselling or rehabilitation programmes, such as drug or alcohol treatment.
Regular reporting to probation officers if required.
Avoiding certain places or individuals connected with the offence.
Paying restitution or compensation to victims.
The bond period can range from six months to several years, depending on the seriousness of the offence and the court’s decision.
Why courts impose good behaviour bonds
Courts prefer using good behaviour bonds when they believe an offender has a good chance of rehabilitation. Instead of imposing a custodial sentence, the bond acts as a warning and incentive for the person to demonstrate positive behaviour.
From a Criminal Law perspective, it balances punishment with rehabilitation. It acknowledges wrongdoing but also provides an opportunity for the offender to reform without immediate imprisonment.
What happens if you breach a good behaviour bond?
Breaching a good behaviour bond is taken seriously by Australian courts. A breach occurs if:
The person commits another offence during the bond period.
They fail to comply with one or more conditions of the bond.
If the bond is breached, the court may:
Revoke the bond and re-sentence the offender for the original offence.
Impose a harsher penalty, including fines or imprisonment.
Extend the bond or apply stricter conditions.
In some cases, the offender may face additional charges for breaching the bond, making their situation even more severe.
Examples of breach consequences
A person placed on a 12-month bond for a minor theft who commits another theft within six months could face imprisonment for the original and new offences.
If someone fails to attend mandatory drug rehabilitation under the bond conditions, the court could revoke the bond and impose a custodial sentence.
These examples highlight the importance of understanding and strictly following all bond conditions.
Can a breach ever be excused?
In rare cases, the court may accept a reasonable excuse for failing to comply with bond conditions, such as medical emergencies or unavoidable circumstances. However, this is assessed on a case-by-case basis and requires strong evidence.
It is crucial to seek legal advice immediately if you are accused of breaching a good behaviour bond.
Good behaviour bonds vs probation
While similar, good behaviour bonds and probation orders are not identical. Probation usually requires closer supervision and more active participation in rehabilitation programmes, while good behaviour bonds may involve fewer reporting requirements.
Both serve as alternatives to imprisonment, but the conditions differ depending on the jurisdiction and offence.
Why legal advice matters
Understanding your rights and responsibilities under a good behaviour bond can make a significant difference. If you are facing sentencing, being placed under a bond may be a positive outcome compared to imprisonment.
However, breaching the bond has serious legal consequences. A lawyer experienced in Criminal Law can:
Explain the bond conditions in detail.
Advise on how to stay compliant.
Represent you in court if accused of a breach.
Argue for leniency or alternative penalties where appropriate.
A good behaviour bond provides an offender with a second chance to demonstrate responsibility and avoid harsher punishment. But with that opportunity comes a strict obligation: to comply fully with the bond conditions.
Breaching a bond risks severe consequences, including jail time, fines, and a permanent criminal record. If you or someone you know is subject to a good behaviour bond, understanding its terms and seeking expert legal advice is essential.
If you are facing sentencing or have breached a good behaviour bond, our experienced team at New South Lawyers can help. We specialise in Criminal Law and will guide you through your options with clear, practical advice.
