What is a Good Behaviour Bond in the Children’s Court?
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If a child has been charged with an offence, one of the options available to the court is a Good Behaviour Bond. This is a type of sentence where the child is released on the promise of good behaviour, with a monetary amount set as part of the bond.
How Does a Good Behaviour Bond Work?
A Good Behaviour Bond allows the child to remain in the community under certain conditions, rather than facing more severe penalties.
Key points to note include:
- Monetary Amount:
As part of the bond, a monetary sum is set by the court, but this amount only needs to be paid if the child commits another offence during the bond period. The amount must be less than half the maximum fine for the charge.
- No Immediate Payment:
The monetary amount doesn’t have to be paid upfront. It’s only payable if the child breaches the bond by committing a further offence while under the bond’s conditions.
- Special Conditions:
The court can impose additional conditions to help guide the child’s behaviour. For example, the court might require the child to live at home, attend school regularly, or engage with a youth support service.
How is the Good Behaviour Bond Applied?
A Good Behaviour Bond is governed by Section 367 of the Children, Youth and Families Act 2005. This law gives the Children’s Court discretion to place a child on a bond after finding them guilty of an offence, whether it’s a minor (summary) or serious (indictable) offence.
The court takes several factors into account, including:
- Nature of the offence:
The seriousness of the crime will influence the court’s decision.
- Character and history of the child:
The court considers the child’s background, prior conduct, and whether they have shown remorse or a willingness to change.
- Plea:
Whether the child pleaded guilty or not also factors into the decision-making process.
How Long Does a Good Behaviour Bond Last?
The period of a Good Behaviour Bond is set by the court and must be specified in the order. The length of time depends on the child’s age and the circumstances of the case:
- For children under 15 years old, the maximum period is 12 months.
- For children aged 15 or older, the period can be extended to 18 months if there are exceptional circumstances.
What Conditions Can Be Attached to the Bond?
In addition to the standard condition that the child must be of good behaviour, the court can impose other conditions, such as:
- The child must appear in court when required.
- The child must attend court hearings during the bond period if requested.
- The child must comply with any special conditions imposed, such as attending school, engaging with a youth support service, or participating in community programs.
Why is a Good Behaviour Bond Important?
A Good Behaviour Bond gives the child a chance to avoid more serious penalties and demonstrates the court’s focus on rehabilitation rather than punishment. By keeping the child in the community under certain conditions, the bond aims to help them learn from their mistake, engage in positive activities, and avoid further offending.
It also reflects the court’s desire to give young people a second chance, especially if they show a willingness to make positive changes in their life.
Common questions about good behaviour bonds
It is an order that a child found guilty of an offence must be of good behaviour by not re-offending for a set period. Since 30 September 2026 it has been called a good behaviour order, which the Children’s Court makes under section 245 of the Youth Justice Act 2024 in place of the old bond. The child has to agree to it, and the court can add developmental conditions, such as counselling, education or mentoring programs. A bond made before 30 September 2026 keeps running under the old rules.
Not for a child. Section 242 of the Youth Justice Act 2024 says the Children’s Court must not record a conviction when it makes a good behaviour order. The same rule applies when the court fines a child, or dismisses the charge with or without a formal warning.
For adults the order is called an adjourned undertaking, made under the Sentencing Act 1991. The court adjourns your case for up to 5 years and releases you on your promise to be of good behaviour, to come back to court if called, and to keep any conditions it sets, which can include a payment to a charity. The court can make the undertaking with a conviction or without one. If you keep to it, the court discharges you, or dismisses the charge, without a further hearing.
The length depends on the child’s age on the day of sentencing. Under section 248 of the Youth Justice Act 2024, a child under 15 can get an order of up to 6 months, or 12 months in exceptional circumstances. A child aged 15 or over can get up to 12 months, or 18 months in exceptional circumstances. No order can run past the child’s 21st birthday.
The Department of Justice and Community Safety can apply to the Children’s Court under section 307 of the Youth Justice Act 2024, or the court can order the child to appear. The court can dismiss the application, change the conditions, or revoke the order and sentence the child again. It can move to a harsher type of sentence only if the breach was a new offence that carries 5 years in prison or more, or if the order cannot be changed to suit the child.
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What Should You Do Next?
If your child has been charged with an offence and a Good Behaviour Bond is being considered, it’s essential to seek legal advice. A skilled criminal lawyer at MK Law can help you understand the process, explain the bond conditions, and work to ensure the best possible outcome for your child.
At MK Law, we specialise in juvenile law and can assist in guiding you and your child through the legal process with the care and expertise you need.
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