Can a Good Behaviour Bond save you from a Criminal Conviction?

We have all heard the phrase ‘section 10’. But what does this actually mean to someone facing a criminal conviction? Section 10 of the Crimes (Sentencing Procedure) Act 1999 allows the court to grant a ‘Good Behaviour Bond’ in place of a criminal conviction.  When an individual is granted a ‘section 10’ rather than a criminal conviction this means the individual has been offered relief under Section 10 of the Crimes (Sentencing Procedure) Act 1999, Judges can use discretion for the following offences; drink driving, drug charges, assault and various other criminal offences of that nature to give the offender a warning/section 10 rather than a criminal record. If you are in a circumstance where you find yourself facing a criminal charge, reach out to our team at Wainwright Legal and seek advice. Seeking legal advice can be difference between a permanent criminal conviction and no criminal record. 

The Purpose of a Section 10:

A Good Behaviour Bond or a Section 10 is a formal warning issued by the Court with the intent to prevent an individual from re-offending. 

We are only human and mistakes are sometimes made. Due to a momentary lapse in judgement or simple error made, an individual can find themselves in a situation that is not reflective of their character nor the person they are.  A first-time criminal offence can result in a permanent criminal record. The court can decide to give an offender relief under a Section 10 and thus the opportunity to learn from a mistake. A one-time mistake does not need to affect you permanently.  

Can you get a Section 10 Good Behaviour Bond?

Pursuant to Section 10 of the Crimes (Sentencing Procedure) Act 1999, it is at the discretion of the presiding Magistrate as to whether of not they deem the situation fit to grant a Section 10.  

They can take into account factors such as: 

• The type of criminal offence; 

• The situation surrounding the offence; 

• Apparent remorse over the offence; 

• Attempts made to learn and or improve behaviour; 

• Any prior convictions; 

• Age; 

• Employment and career; 

• Family circumstance and social considerations;  

It is imperative that you seek out legal advice prior to a court hearing. There are a variety of circumstances and factors that your lawyer can present to the court in order to assist you in getting a Good Behaviour Bond in the place of a permanent criminal conviction. 

A Good Behaviour Bond can be granted for up to two years and during that period the accused must not commit any further criminal offence. 

If you breach a Section 10: 

A Good Behaviour Bond is intended to deter individuals from engaging in criminal activity. In the event that an individual commits a crime during the allocated period of their Good Behaviour Bond, it is to be expected that the court enforce a heavy penalty, additionally, the court could opt to record the first criminal offence due to failure to comply to the court order. 

It is best to seek legal advice before it is too late. Contact us at Wainwright Legal today for a confidential discussion.