This procedure explains the role of youth justice when young people placed on a good behaviour bond.
When to use this procedure
When considering recommending a young person for a good behaviour bond.
What else you need to know
Practice context and legislation
- A good behaviour bond may be imposed under s. 367 of the Children, Youth and Families Act 2005.
- A good behaviour bond is a non-statutory order and is usually imposed for less serious offences or when the young person is a first-time offender.
- Youth justice does not have a role in the supervision of a good behaviour bond.
- A court can place a young person on a bond, which is a written promise by the young person to be of good behaviour and not break the law for a specified period. If the young person commits an offence during the period of the bond, they will be liable to pay a sum of money for breaching the bond and may be dealt with more severely for the new offence because it was committed while the bond was in place.
- The court may also impose special conditions during the period of the bond such as attending school or counselling.
- The youth justice court advice service provides advice and recommendations to inform the court about appropriate dispositions to impose on young people. If appropriate, a good behaviour bond provides an intervention option that diverts young people from the youth justice system.
Roles and key tasks
Youth justice court advice service worker
- Help the young person to obtain legal representation.
- Gather information relevant to the case.
- Obtain language services (as required).
- Help the young person access appropriate services or supports (as required).
- If a good behaviour bond is recommended, ensure sufficient supports are in place.
- Youth justice will not have further involvement if proceedings are adjourned with the young person subject to a bond.
- Ensure CRIS is updated with court outcome.
Team leader / team manager
- Consult and endorse recommendations made to the court.
The procedure in detail
Recommending a good behaviour bond
A good behaviour bond may be recommended to ensure young people do not unnecessarily enter the youth justice system. As per s. 367(4)(5) of the Children Youth and Families Act 2005, a good behaviour bond may be ordered:
- in relation to one, or more than one, offence
- if a young person is about to serve a term of detention for another offence, in which case the adjournment commences on discharge.
Conditions include being of good behaviour, appearing before the court when asked and observing any special conditions imposed by the court.
If, at the further court hearing, the court is satisfied that the young person has observed the conditions of the bond, the court must dismiss the charge.
For more information refer to procedure related to ‘Recommending a court order’.
Youth justice role
All recommendations must take into account the objectives of diversion and rehabilitation while balancing the responsibility of addressing the young person's criminal behaviour and the safety of the community.
If the court finds a young person guilty and, based on the nature of the offence and character of the young person, adjourns the proceedings with a bond, youth justice does not have any further role with the young person.
Breach of a bond
If the court determines that a young person has failed to be of good behaviour or observe any special conditions of a bond, the court may:
- declare the bond to be forfeited and impose no penalty
- proceed with the further hearing and deal with the original charges in a manner in which they could have been dealt with before the adjournment was granted.