Traveling Overseas On A Good Behavior Bond: Is It Possible?

Good behaviour bonds are a sentencing option for offenders, allowing them to remain in the community under supervision instead of being imprisoned. The conditions of good behaviour bonds vary from case to case, but they generally require the offender to be of good behaviour and appear in court if called upon to do so. While on a good behaviour bond, an offender cannot commit another offence.

Whether or not someone can travel overseas while serving a good behaviour bond depends on the conditions of the bond and the visa requirements of the destination country. Most offenders are prohibited from international travel during the period of their bond.

Travel restrictions on good behaviour bonds

Good behaviour bonds are a sentencing alternative to imprisonment, allowing individuals to remain in the community under supervision and avoid committing further offences. Good behaviour bonds were replaced in 2018 by community correction orders, which are similar but only last for three years.

Travelling on a good behaviour bond

Whether or not a person could travel overseas while serving a good behaviour bond depended on two things:

• Any conditions that were attached to the bond that would either directly or indirectly prevent the person from leaving Australia.
• The visa requirements of the particular country the person wished to enter.

Good behaviour bond conditions

Good behaviour bonds had two compulsory conditions:

• That the offender would appear before the Court if called upon to do so at any time during the term of the bond.
• That during the term of the bond, the person would be of good behaviour.

Further conditions that could be attached to a bond were at the discretion of the court and might include:

• Supervision by Community Corrections.
• Attendance at drug or alcohol abuse counselling, or anger management counselling.
• Residence at a rehabilitation centre.

Good behaviour bond breaches

If a good behaviour bond was breached, the Court had three options:

• Modify the conditions of the bond.
• Revoke and resentence.
• Take no action.

If the Court suspected that the person had breached a condition of a bond, the person could be "called-up" (required to appear) before the Court, which could then:

• Vary the conditions of the bond.
• Impose further conditions on the bond.
• Revoke the bond and re-sentence the person (which would often result in a harsher penalty).

Good behaviour bonds and visa requirements

Good behaviour bonds are sentencing orders that allow individuals to remain in the community under supervision instead of serving a jail sentence. They are typically given to minors, first-time offenders, or those who have committed less serious crimes. Good behaviour bonds are no longer available for adults in New South Wales, having been replaced by conditional release orders and community correction orders in 2018. However, they are still available as a sentencing option for young offenders.

Visa Requirements and Good Behaviour Bonds

Whether an individual with a good behaviour bond can travel overseas depends on two factors: the conditions of the bond and the visa requirements of the destination country. If the conditions of the bond include restrictions on travel outside a certain radius from home, or on interstate or international travel, the individual may not be able to leave the country. Additionally, the visa requirements of the destination country must be considered, as some countries may deny entry to individuals with certain types of criminal records.

Conditions of Good Behaviour Bonds

Good behaviour bonds typically include conditions such as refraining from committing further offences, appearing before the court if called upon, and maintaining good behaviour. Additional conditions may be imposed at the court's discretion, such as mandatory counselling or rehabilitation programs, community service, or restrictions on associating with certain people.

Breaches of Good Behaviour Bonds

Breaching a good behaviour bond can result in the bond being revoked and the individual being resentenced, potentially with a harsher penalty. The court may also choose to modify the conditions of the bond or take no action.

Conditions of good behaviour bonds

Good behaviour bonds are a type of non-custodial sentence that allows individuals to remain in the community while being supervised, instead of being imprisoned. The conditions of good behaviour bonds vary depending on the state or territory of the individual in Australia. However, some common conditions include:

• The individual must obey the law and be of "good behaviour" for a set period, typically between six months and five years.
• The individual may be subject to additional supervision by a probation officer.
• The individual must participate in mandatory medical treatment, rehabilitation, counselling, and intervention programs.
• The individual must not commit any further offences.
• The individual must report any change in contact details and any new charges to the relevant corrective services within a specified time frame.
• The individual must comply with all directives from Community Corrections.
• The individual must maintain zero levels of blood alcohol concentration and refrain from drug use during community service work.
• The individual may be restricted from travelling overseas if it will affect their ability to fulfil the conditions of the bond.
• The individual must comply with any treatment or medication plan set by a doctor.
• The individual may be required to pay a fine or compensation.
• The individual may be restricted from associating with particular people or participating in specific activities.

Breaching a good behaviour bond

A good behaviour bond is a legal arrangement that allows individuals to remain in the community under supervision, rather than serving a jail sentence. While on a good behaviour bond, individuals must avoid committing further offences and adhere to specific conditions.

If you breach your good behaviour bond, the court that originally sentenced you has the power to call the case back to be heard, and for you to be re-sentenced. For example, if a condition of your bond was to attend alcohol counselling, and you missed a few sessions, the court may revoke your good behaviour bond. At the court hearing, you could admit to or deny the breach, and the court could re-sentence you to another form of punishment, decide to take no action, or extend your bond.

Good behaviour bonds for young people

Good behaviour bonds are a sentencing option for young offenders under the Children (Criminal Proceedings) Act 1987. A young person can be sentenced to a good behaviour bond for a period of up to two years. This means that for the period of the order, the young person must not commit any further offences and must attend court if called upon to do so. Good behaviour bonds are also known as adjourned undertakings and they are imposed under the Sentencing Act 1991.

In Victoria, a good behaviour bond may be imposed with or without the recording of a conviction and can be imposed for a period of up to five years. Good behaviour bonds in Victoria may also be imposed on children under the Children, Youth and Families Act 2005. The Children’s Court may adjourn proceedings against a child without conviction and impose a good behaviour bond, which usually lasts for one year.

In New South Wales, good behaviour bonds are typically governed by the Crimes (Sentencing Procedure) Act 1999. Good behaviour bonds allow the offenders to serve their time out in the community rather than behind bars. Before being released into the community, the offender must accept the bond conditions and sign that they promise to comply with it. Good behaviour bonds are issued for less serious offences, typically those committed by young perpetrators under the age of 25 who have previously been before the courts.

In Queensland, the relevant act for good behaviour bonds is the Penalties and Sentences Act 1992. The good behaviour bond is incorporated in Division 3 of the Act, which details the procedures of offenders who are released upon entering into "recognisance".

In Western Australia, the Sentencing Act 1995 details the required circumstances of an offence for a good behaviour bond to apply. In Tasmania, the Sentencing Act 1997 is cited by the courts when determining whether good behaviour bonds are appropriate.

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