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.
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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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