Good Behaviour Bonds and Non-Conviction Orders

In July 2009 the Attorney General asked us to examine the use of good behaviour bonds and non-conviction orders. 

Report

We transmitted our Report: Good Behaviour Bonds and Non-Conviction Orders (PDF, 531.2 KB) to the Attorney General on 28 September 2011.

Terms of reference

We received the following terms of reference on 8 July 2009:

Pursuant to s100J of the Crimes (Sentencing Procedure) Act 1999 ("the Act"), I would like the Sentencing Council to examine the use of non-conviction orders and good behaviour bonds ("bonds") under the Act in accordance with the following terms of reference:

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.