Good Behaviour Bonds and Non-Conviction Orders

In July 2009 the Council was asked to examine the use of good behaviour bonds and non-conviction orders. The report examines trends in the use of these non-custodial options and issues arising from their imposition. ​

Report

The  Council published a report in September 2011.

Good Behaviour Bonds and Non-Conviction Orders (PDF, 531.2 KB)

Terms of reference

In July 2009, the Attorney General requested that the Council examine the use of non-conviction orders and good behaviour bonds under the Crimes (Sentencing Procedure) Act 1999 (NSW), in accordance with the terms of reference below:

1.       An analysis of the primary types or categories of offences in which non-conviction orders and bonds are utilised significantly or disproportionately when compared with other sanctions

2.       The extent to which there is consistency among NSW Local Courts in the use of non-conviction orders and bonds in respect of different offence types and categories of offenders

3.       An examination of the use across offence categories of non-conviction orders and bonds, the nature of conditions imposed and their enforcement

4.       The identification, and relative frequency, of the reasons behind sentencing decisions by Magistrates in relation to non-conviction orders and bonds

5.       What is the extent of compliance with conditions imposed on bonds and the rates of re-offending following the imposition of non-conviction orders and bonds

6.       Whether further limitations should be imposed on the ability of Magistrates to impose non-conviction orders and bonds

7.       Whether offences for which there is a high rate of non-conviction orders and bonds can be adequately addressed within the existing sentencing regime or if other sentencing alternatives are necessary or appropriate

8.       Any other relevant matter.