Please be ready with your application reference number starting with 'P'. For example P1234567
The Victoria territories court can suspend a person’s conviction or discharge an offender under their Good Behaviour Bonds or Adjournment undertakings.
The defendant must, however, comply with the given conditions to fulfil the Good Behaviour Bonds (GBB). Though some of these conditions are pre-existent in the Act, others are issued by the court. And it depends on the exigencies of the case or offence.
The entire operation and technicalities of this Act are guided under the Sentencing Act of 1991.
The Adjourned Undertaking order is a promise of the offender to abide by certain conditions and promise to be of good behaviour within a period. This Undertaking can be made with or without a conviction and imposed for a period of up to 5 years.
The adjourned undertaking is a form of agreement in the basic form between the State and the offender brokered through the court. If the offender completes the period of their Good Behaviour without further offences, the court must discharge the defendant without further hearing or penalty.
The effects, type or length of the Good Behaviour Bond the court issues to an offender depends on some factors like the;
Good behaviour bonds are granted to juveniles under section 367 of the Children, Youth and Families Act of 2005. For all offences handled in the Children Court, it may adjourn proceedings without a conviction by imposing a period of Good Behaviour.
This type of Good Behaviour bond can only last for a maximum period of 1 year. The person will have their case dismissed without a conviction if they satisfy all the conditions of the bonds.
During the Period of Good Behaviour, the child must;
If the court rules that the child defaulted any of the conditions for the bond, they may;
Victorian legislation does not mean to downplay offences or trivialize them through the Good Behaviour Bonds but to help rehabilitate offenders. Some of the main reasons the court may issue an adjourned undertaking under the Section 72 are;
When offering a Good Behaviour Bond to an offender, the court may issue extra conditions in addition to those stipulated in the Act.
Some of the paramount conditions for a Good Behaviour Bond in Australia are;
The Court may also impose special and necessary conditions for the Good BEhaviour Bonds as they deem appropriate. Some of the popular conditions are;
However, these additional orders must be for a maximum period of;
The prosecutor, defendant or other affected persons may apply to have varied or cancel a Bond. Such applications may be made at any point during the Good Behaviour Bond.
Some circumstances have changed since the order. It may be a material change or the fact the defendant can no longer cope with the conditions of the charge.
Some of the entire document provided to the Court to facilitate the order was inaccurate or invalid.
The defendant is no longer willing or able to comply with any of the conditions.
If the Good Behaviour Bond Order is cancelled, the court may deal with the offender in the original charge or case. It can even treat the defendant as if they were guilty of the original offence or impose the stipulated penalties of such offences.
The Court must also prosecute the defendant of the Good Behaviour Bond for any other actions during that period.
If the defendant does not show up in Court for the application, a warrant can be issued for their arrest and re-trial.
If the court issues you a Good Behaviour Bond instead of conviction records or an imprisonment term, you must abide by all the conditions.
Breaching any or all of the Undertaking may attract more severe punishments than you would get in the original sentencing. Further to this, breaching a good behaviour bond will result in the offence showing on a police check.
The National Police Check Victoria is an important document to both employers and large organizations. It contains details of an individual’s conviction and pending charges.
Whether an offence for which you are issued a bond will appear on a Police Check depends on the type of Bond the Court grants the offender.
Sentencing Act 1991 (VIC) - https://www.legislation.vic.gov.au/in-force/acts/sentencing-act-1991/216
Sentencing Advisory Council Victoria (Dismissal, Discharge, Adjournment) - https://www.sentencingcouncil.vic.gov.au/about-sentencing/dismissal-discharge-adjournment
Section 367 of the Children, Youth and Families Act 2005 (VIC) - http://18.104.22.168/au/legis/vic/consol_act/cyafa2005252/s367.html
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