What is a Good Behaviour Bond in the Children’s Court?
A Good Behaviour Bond is when a child is released on a promise to be of good behaviour. As part of this bond, a monetary amount is set.
This monetary amount must be less than half the maximum penalty for the charge. The monetary amount does not have to be paid unless the child commits an offence during the period of the bond.
The court can also add any special conditions to that bond, for example that the child must continue to live at home, or continue to engage with a particular youth service (For information on receiving a good behaviour bond in the adult jurisdiction, follow the link).
s.367 Children, Youth & Families Act 2005
(1) If the Court finds a child guilty of an offence, whether indictable or summary, the Court may, without conviction, adjourn the proceeding if it appears expedient to do so, having regard to all the circumstances of the matter including—
(a) the nature of the offence; and
(b) the character and antecedents of the child; and
(c) whether or not the child pleaded guilty.
(2) The period of an adjournment under this section must be specified by the Court and must not exceed—
(a) 12 months; or
(b) if the child is aged 15 years or more on the day on which the proceeding is adjourned and the circumstances are exceptional, 18 months.
(3) An adjournment under this section must not be granted unless the child enters into a bond for an amount less than one half of the maximum fine that may be imposed on the child under section 373 on the following conditions—
(a) that the child appears, if so required by the Court, at the time to which the further hearing is adjourned;
(b) that the child appears before the Court, if required to do so, during the period of the adjournment;
(c) that the child is of good behaviour during the period of the adjournment;
(d) that the child observes any special conditions imposed by the Court.
(4) A bond may be entered into in relation to one, or more than one, offence.
