A large majority of people have heard the term ‘section 10’ in criminal matters, however few understand exactly what this means. Section 10 of the Crimes (Sentencing Procedure) Act 1999 provides the court with the power to grant an accused person with a ‘Good Behaviour Bond’ rather than recording a criminal conviction on their permanent record. This can be used for offences such as assault, drug charges, drink driving or other less serious offences, which are deemed to be criminal in nature. If you find yourself in a position where you have made a mistake and are facing the possibilities of a criminal conviction on your permanent record, reach out, seek advice. It might just be the difference between a criminal conviction, and an untarnished record. Let us help you.

The Court’s intent:

The intent of a Good Behaviour Bond is to act as a warning to the individual, and prevent future offences being committed. Should a one-off drink driving offence based on an error in judgement stay with you permanently? Everyone makes mistakes in life, but it is one’s ability to learn from these mistakes that shows their character, and a section 10 order gives people the opportunity to change, improve and learn.

Who can get a Section 10 Good Behaviour Bond:

A good behaviour bond pursuant to Section 10 Crimes (Sentencing Procedure) Act 1999 is entirely at the discretion of the judge, hearing the matter. There are a number of factors that they will take into account including:

• The seriousness of the offence;

• Whether or not you have complied with police directions;

• Your perceived remorse over the incident;

• Any previous convictions held;

• Your age and employment history;

• Family and social considerations;

• Any actions which you have undertaken to improve your behaviour since the offence; and

• The circumstances surrounding the offence.

As such, it is vital that you obtain legal advice prior to attending the court hearing, as there may be a number of factors which should be presented to the court for consideration, which could assist you in obtaining a good behaviour bond, over a criminal conviction.

Such good behaviour bonds can be imposed for a period of up to two (2) years, and require the individual to avoid committing further criminal offences during the specified period of time.

Breaching a Section 10 order:

In the event that an individual commits another offence during the good behaviour period, the courts will likely impose a more severe penalty for the second offence, and have the option of recording a conviction for the first offence, on the basis that the accused failed to comply with the court order. Accordingly, the good behaviour bond acts to deter individuals from further criminal acts.

Seek Legal advice before it’s too late. Contact us at O’Brien, Connors & Kennett