Good Behaviour Order in the Australian Capital Territory (ACT)

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A Good Behaviour Order is one of the sentencing options you may receive Law Courts. Though getting a good behaviour order is not as severe as a jail term, it has plenty of conditions the offender must adhere to.

What is a Good Behaviour Bond?

The court orders a Good Behaviour Bond on an offender if it considers a jail term or other serious punishments too grave for the offence. The court will usually consider lots of other factors like;

• Prior offences
• Criminal History
• Evidence that the offender is not a potential threat to the society
• Evidence that the person will abide by the terms of the bond

Many other regulations of ordering or abiding by the Good Behavior Bond are guided under Section 13 of the Crimes (Sentencing) Act 2005.

The offender must however prove their disposition to the bond by signing an undertaking to comply with the Act. The information contains the core conditions the person must abide by to complete the Good Behaviour program.

Does a Good Behaviour Order show in my Police Nationally Coordinated Criminal History Check?

Although Good Behaviour Orders are imposed with or without conviction, the court registers it in your record.

Many times if an offence is proved without conviction, the court will just proceed to a conditional discharge of your case. This is in line with Section 17 of the Crimes (sentencing) Act of 2005.

The Court may impose a Good Behaviour Order even when it does not convict you, but has found you guilty.

All of the court verdicts are recorded in your Police Criminal History and will therefore show up on your Nationally Coordinated Criminal History Check ACT.

What are the primary conditions of the Good Behaviour Bond?

When entering a good behaviour bond, the Court elicits your assurance to be of good behaviour during the period of the Bond. Some of these conditions are pre-agreed and already stateds, but the court may also issue special conditions where it deems necessary.

Section 85 of the Act binds any offender who enters a Good Behaviour Bond to comply with all conditions (by the Act and from the Court). Some of these orders may include;

• Place or person restriction orders
• Correctional therapy
• Community services and so on.
• However the core conditions all offenders must adhere to are;
• Not committing further offences
• Reporting any change in Contact details within 2 days of the occurrence
• Reporting any new charge to the ACT corrective services within 2 days of knowledge of it
• Compliance with all directives by the Community Corrections
• Maintain zero levels of Blood Alcohol Concentration and any other Drug related substances during community service work
• Where the offender is subject to supervision or probation, the offender must not leave ACT for more than 24 hours, or any other stipulated periods
• The offender must comply with every agreement to always be in court
• Other related conditions issued by a special verdict that applies to the offence

What conditions may be compulsory for a Good Behaviour Bond?

Section 13 of the Act stipulates conditions that may be mandatory depending on the offence and the nature of the Bond. When imposed, the offender must adhere to all conditions, with needed proof and promptness; failure to do so would mean a breach of the conditions.

The court may order the offender to do any of these before approving the Good Behaviour Bond;

• Provide Securities for a stated amount that may include sureties. Enforcing this improves the compliance levels. However, it may not apply to young offenders
• Mandatory Community service condition (with or without supervision)
• Rehabilitation program (psychological, mental, and co) evaluation
• Keeping the offender on a probations record
• Mandatory compliance to a reparation order

How does an offender fulfil the conditions?

If the court orders any of the use mandatory conditions as part of your Good Behaviour Bond, you can comply through any of the following;

• Undertake medical treatment and supervision (Taking medication and cooperating with assessments)
• Supply samples of blood, breath, hair, saliva, urine for alcohol or substance testing when required by an official
• Register and attend a vocational, educational, psychiatric or psychological program or other forms of counselling
• Avoid operating a vehicle or other machinery while on prescription drugs, alcohol or medication
• Constantly attend Alcohol or Drug management programs
• Good Behaviour Bonds usually last between 6 months and 3 years, depending on the severity of the case.

Can I travel while on a Good Behaviour Bond?

Travelling while on a good behaviour bond is complicated. However, it depends on the conditions of your Good Behaviour Bond.

If you have a condition that will be affected by your being out of the Territory or State, it will be difficult to leave.

If it will be impossible to fulfil part of the conditions while overseas, you may not be allowed to leave.

The Visa requirements of the country you intend to leave will also need to be checked.

What is a breach of a Good Behaviour Order?

A breach of a good behaviour bond will ultimately affect the bond. The Court may charge the offender for a breach of the bond if it suspects that they have not satisfied, or broken any of the conditions.

An offender can breach a Good behaviour Bond by;

• Committing another offence of any kind
• Failing to abide by preset conditions (missing counselling, appointment or not attending prescribed programs).

Breaches of good behaviour orders show up as an offence on nationally coordinated criminal history checks.

Penalties for a Breach of a Good Behaviour Bond

If the court suspects that you have breached a Good behaviour Order, it will issue an arrest warrant for you.

However, on appearance to the court and being found guilty of the breach, the court may;

• Decide against taking an action
• Vary the conditions of the breach
• Impose further conditions to the bond
• Revoke the bond and resentence you to potentially tougher penalties.

What if I refuse a Good behaviour Order?

Section 105 of the Crimes Act allows the court to resentence an offender or convict them of the original offence. This sentencing will be made as if the court did not issue any order.

However, under the same Section, the offender may appeal the case just as he would if there was a Good Behaviour Bond.

How do I know the details of my Good Behaviour Bond?

Sections 103 and 104 of the Act mandates the Court to explain with reasonable aid the conditions and duration of the Good Behaviour Bond to the offender. It's explanation must include;

• The nature and conditions of the order (including the amount of security)
• The Good behaviour obligation of the offender
• The consequences of the offender and the surety if the offender breaches any of the conditions

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