The Sentencing Advisory Council has released a report with 26 recommendations to enhance adjourned undertakings, commonly known as good behaviour orders or bonds. These orders, the second most prevalent sentencing type in Victoria after fines, have remained unchanged since their introduction in 1985, prompting the need for a review.
The recommendations put forward in the report are the result of extensive data analysis, legal research, and two years of consultation with various stakeholders. Their overarching objective is to further enhance a sentencing order that is already highly regarded by those working within Victoria’s criminal justice system, better ensuring its effectiveness while avoiding any unintended consequences.
Key recommendations:
- Rename adjourned undertakings as 'good behaviour orders' to enhance community understanding.
- Clearly define 'good behaviour' as refraining from committing further offences.
- Improve payment conditions for adjourned undertakings, ensuring fairness for offenders with lower incomes.
- Redesign the complex and hard-to-understand form given to offenders receiving adjourned undertakings.
- Decriminalise breaches of adjourned undertakings, as the breach offence is rarely prosecuted, strains court resources, and does not add to the court's powers. Stakeholders unanimously support repealing the distinct breach offence.