A good behaviour bond in Queensland is a court order that requires a person to be of good behaviour for a set period, usually imposed after a guilty plea or conviction. Some bonds, most commonly those made under section 19 of the Penalties and Sentences Act, can be granted without a conviction being recorded. Others, made under sections 30, 31 or 32, are made alongside a recorded conviction. Whether a bond applies to you, and on what terms, depends on the offence and the court’s decision.

Key Takeaways

  •     A good behaviour bond is a court order requiring a person to be of good behaviour for a set period, usually up to three years.
  •     Some bonds, most commonly section 19 bonds, can be made without a conviction being recorded. Others are made alongside a recorded conviction.
  •     Bonds are more commonly considered for lower-level offending, first-time offenders, or matters where rehabilitation is relevant, but nothing here is automatic.
  •     A recognisance amount is usually attached, meaning money can be forfeited if the bond is breached.
  •     Breaching a bond can mean being brought back to court and re-sentenced for the original offence, on top of dealing with any new offence.
  •     Whether a bond is available, and on what terms, depends on the offence, the facts, your history, and how the matter is presented to the court.

 

You’ve pleaded guilty, or you’re about to, and the question on your mind is what happens next. A good behaviour bond is one of the sentencing options a Queensland court can consider once a person has been found guilty. For many people, the key concerns are avoiding jail, avoiding a recorded conviction, and giving themselves the best chance of moving on from the offence.

It isn’t an acquittal. It’s a court order that usually requires you to be of good behaviour for a set period, and it can come with a recognisance amount that you forfeit if you breach it. This guide explains what a bond involves, when courts tend to grant one, and what happens if it’s breached.

 

What is a good behaviour bond in QLD?

A good behaviour bond in Queensland is a sentencing order that allows a person to remain in the community on the condition that they obey the law, often described as being of good behaviour and, for some bonds, keeping the peace, and comply with any conditions the court imposes, for a set period.

To receive one, a person has usually been found guilty or pleaded guilty. The court then releases them on a recognisance. A recognisance is essentially a formal promise made to the court, sometimes backed by a monetary amount, meaning you agree that the amount may be forfeited if you breach the bond. Put simply, it’s a financial promise to the court that you could lose money on if you don’t hold up your end of it.

The length of the bond depends on which type of order is made, and can run up to three years under some bonds and up to one year under others. People sometimes refer to these orders as good behaviour orders or court bonds, though Queensland legislation itself refers to recognisance orders or good behaviour bonds.

A good behaviour bond is not the same as having the charge withdrawn or dismissed. You’ve still been found guilty of the offence. What differs is what happens next, and in some cases, whether a conviction is recorded against your name.

 

How does a good behaviour bond work in Queensland?

Once a bond is in place, you’re required not to commit further offences during the bond period. Depending on the order, you may also need to comply with specific conditions, appear before the court if called on to do so, or pay a recognisance amount if you breach the bond.

If the bond runs its course without breach, the matter typically ends there. If you breach it, whether by reoffending or failing to meet a condition, you can be brought back before the court and sentenced again for the original offence.

For example, someone sentenced for a minor public nuisance offence might be placed on a good behaviour bond for a set period. If they don’t reoffend and comply with the order, the matter ends without further penalty. If they do reoffend, they can be brought back to court.

 

When are good behaviour bonds granted in Queensland?

There’s no fixed rule for when a bond will be granted, and nobody is entitled to one simply because they ask for it. Courts don’t work through a checklist or a fixed formula. Sentencing in Australia works as what’s called an instinctive synthesis, meaning the court weighs all the relevant factors together as a whole to arrive at one appropriate outcome, rather than scoring each factor separately and adding them up. 

The factors that feed into that judgment include:

  •     The seriousness of the offence
  •     Whether the person has prior convictions
  •     Whether the person pleaded guilty
  •     Whether the person has shown remorse
  •     Whether the person has taken rehabilitative steps
  •     Whether there’s a low risk of reoffending
  •     Whether the offending was isolated or out of character
  •     Personal circumstances such as work, family, health or community ties
  •     Whether a recorded conviction would have a disproportionate effect on the person

A strong case on most of these factors still doesn’t guarantee a bond, and a weak case on one doesn’t automatically rule it out. It’s the overall picture that matters.

In practice, good behaviour bonds are more commonly considered where the offending sits at the lower end of seriousness, and the court is satisfied that punishment can be achieved without a more restrictive sentence. That doesn’t mean serious offences can never attract a bond, but the prospects generally become narrower as the seriousness of the offending increases.

For example, a first-time offender who pleads guilty to a minor stealing offence, repays the loss, provides strong references, and shows genuine remorse may present a stronger case for a good behaviour bond than someone with an extensive criminal history who commits a similar offence while already on bail. Every case turns on its own facts, but preparation often makes a real difference to where a matter lands.

What offences can receive a good behaviour bond?

Good behaviour bonds are commonly considered for first-time offenders and people whose offending is isolated or at the lower end of seriousness, where a court decides jail or a harsher order isn’t necessary. This can include:

This isn’t a guarantee for any of these categories. Whether a bond is available depends on the specific offence, the facts, the court, and the sentencing legislation that applies. The same charge can lead to very different outcomes depending on the circumstances.

Most good behaviour bonds are imposed in the Magistrates Court, since that’s where the large majority of criminal matters in Queensland are finalised, though higher courts can also impose recognisance orders, such as section 30 bonds, for indictable matters. Bonds are also commonly sought in sentencing for minor drug possession matters, where avoiding a recorded conviction can be particularly important.

 

Types of good behaviour bonds in Queensland

Good behaviour bonds in Queensland are made under the Penalties and Sentences Act 1992. The type of bond affects both how long it runs and whether a conviction is recorded.

Section 19 bonds

Section 19 bonds are available across the full range of summary and indictable offences under Queensland law, although whether one is appropriate always depends on the particular offence and the circumstances of the case. This is the bond most commonly discussed in the context of avoiding a criminal record, because it allows the court to find a person guilty without recording a conviction. The recognisance period can run for up to three years, and the court can attach a condition requiring the person to complete a drug assessment and education session where relevant, sometimes called a drug diversion condition.

Section 24 bonds

A section 24 bond is more commonly relevant to stealing or property-related offending. It allows the court to adjourn sentencing for up to six months and release the person on a recognisance, often to give them the chance to restore property or pay compensation before the final sentence is decided. A section 24 bond may also allow the matter to proceed without a recorded conviction, depending on the court’s eventual sentencing decision and whether the conditions of the bond are met.

Other recognisance orders

Bonds made under sections 30, 31 or 32 work differently. Unlike a section 19 bond, these are made alongside a recorded conviction. Section 30 applies to indictable offences, section 31 to summary offences with a maximum period of one year, and section 32 can be used instead of any other penalty. These exist in different sentencing contexts, and which one applies depends on how the matter is charged and dealt with.

Type of bond General use
Section 19 bond Lower-level offending, often used for a no-conviction outcome, up to three years
Section 24 bond Stealing or property-related offending, sentencing adjourned up to six months for restitution or compensation
Sections 30, 31 or 32 bonds Made alongside a recorded conviction, length and use depend on whether the offence is indictable or summary

Does a good behaviour bond mean no conviction is recorded?

Sometimes, but not always, and it depends entirely on which type of bond is made. A section 19 bond specifically allows the court to find you guilty without recording a conviction, meaning a good behaviour bond can result in no conviction being recorded in Queensland, but only where the legislation allows it and the court considers it appropriate. Bonds made under sections 30, 31 or 32 are different: they’re made alongside a recorded conviction, not instead of one.

Even where no conviction is recorded, the court is still weighing the offence, your character, your age, your history, the impact a conviction would have, and other relevant matters. It isn’t automatic, and it doesn’t mean you were found not guilty. You may still have been found guilty, or pleaded guilty, with the court simply deciding not to record a conviction against your name.

This distinction matters well beyond the courtroom. Whether a conviction is recorded can affect employment, travel, visas, insurance and professional licences, sometimes for years after the matter is finished. Because of those long-term consequences, much of the preparation before sentence is often directed towards persuading the court not to record a conviction, where the law allows for that outcome. Even where no conviction is recorded, questions about criminal history or police checks can be more complex than many people realise, which is another reason to get advice about your individual circumstances.

 

What conditions can be attached to a good behaviour bond?

Conditions vary depending on the bond and the offence, but commonly include:

  •     Being of good behaviour
  •     Keeping the peace
  •     Appearing before the court if called upon
  •     Paying or forfeiting a recognisance amount if the bond is breached
  •     Attending drug or alcohol programs if ordered
  •     Paying compensation or restoring property in some cases
  •     Complying with any other condition the court imposes

Read the conditions carefully before you agree to them. You’re making a formal promise to the court, and you should understand exactly what you’re agreeing to before you enter the bond.

 

What happens if you breach a good behaviour bond?

Breaching a good behaviour bond in Queensland is not a minor thing. If the court is satisfied you’ve failed to comply with a condition, or you commit another offence during the bond period, several things can follow:

  •     You may be required to return to court
  •     You may have to forfeit the recognisance amount
  •     You may be re-sentenced for the original offence
  •     The court may be less willing to offer a lenient outcome if you’re sentenced again in future
  •     If the breach involves a new offence, that offence will also need to be dealt with separately

A bond can feel like a lucky break at the time it’s granted. Treating it lightly, rather than as a genuine court order, is one of the most common, and avoidable, mistakes people make.

 

Can you leave Australia if you have a good behaviour bond?

A good behaviour bond doesn’t automatically stop you from leaving Australia, but you should get legal advice before you travel. Your exact conditions matter, and so does anything else attached to your case.

  •     Check the specific wording of your bond
  •     Check whether any other order also applies to you
  •     Check whether you may need to appear in court if called upon while you’re away
  •     Don’t confuse a good behaviour bond with bail conditions, which can include separate travel restrictions
  •     If travel matters to you, ask a lawyer before you book or leave, not after

Bail, probation, parole and pending court dates can all affect whether travel is safe, even if the bond itself doesn’t expressly prohibit it. This is worth checking properly rather than assuming either way.

 

Is a good behaviour bond better than a fine, probation or jail?

A good behaviour bond is one of several sentencing options available to Queensland courts. Whether it’s preferable to a fine, probation or imprisonment depends on the offence and what outcome the court considers appropriate. A bond can be less burdensome than probation or jail, but a fine can sometimes still involve a conviction depending on the circumstances, and probation usually comes with supervision and reporting requirements a bond doesn’t. 

 

Here’s how the main sentencing options in Queensland compare:

Sentencing outcome What it may involve
Fine Payment of money; a conviction may or may not be recorded
Good behaviour bond (court bond) A promise to be of good behaviour, possibly without a recorded conviction
Probation Supervision and conditions over a period of time
Community service Unpaid work in the community
Imprisonment Custody, though a suspended sentence or parole may be relevant depending on the case

 

The right outcome depends on what matters most to you: avoiding a conviction, avoiding supervision, avoiding jail, or reducing the long-term consequences of the matter. These priorities don’t always point in the same direction, which is part of why the sentence submissions matter.

 

How can a lawyer help you get a good behaviour bond?

The court’s decision is shaped by how the case is prepared and presented. Turning up and asking for leniency is rarely enough on its own. A lawyer can:

  •     Advise honestly on whether a bond is realistic for your matter
  •     Prepare the plea material and make sure it actually reaches the sentencing magistrate
  •     Gather character references and evidence of employment, study or rehabilitation
  •     Address the court directly on why no conviction should be recorded
  •     Explain why the offending was isolated or unlikely to happen again, and present your circumstances clearly rather than leaving the court to guess
  •     Respond to the prosecution’s submissions rather than letting them go unanswered

Michael McMillan has represented clients across a wide range of Queensland sentencing matters, from stealing and property offences through to public nuisance, minor assault and drug matters, including outcomes without a recorded conviction where the circumstances supported it. Michael appears in courts across the Gold Coast, Brisbane and Cairns, and general questions about the court process are covered in our criminal law FAQs.

You can read more about Michael’s background on the About Michael page

 

Conclusion

A good behaviour bond can be a valuable sentencing option in Queensland, particularly for first-time offenders or people whose offending is at the lower end of seriousness, and particularly where the court can be persuaded that a conviction or harsher penalty isn’t necessary. It is still a court order, though, and breaching it can have real consequences. As with any Queensland criminal defence matter, how the case is prepared and presented makes a real difference to the outcome.

 

Get advice before your court date

If you’re facing a sentence, or you’re still deciding how to plead and want to know whether a good behaviour bond or a no-conviction outcome may be possible, contact Michael McMillan immediately on (07) 5619 6860 or 0409 273 430 before you enter your plea or go to court.

 

Frequently Asked Questions

What is a good behaviour bond in Qld?

It’s a court order that requires a person, usually after being found guilty or pleading guilty, to be of good behaviour for a set period. It can come with a recognisance amount and other conditions set by the court.

How does good behaviour work in QLD?

You must avoid further offending during the bond period and comply with any conditions attached to it. If you breach the bond, you can be brought back to court and re-sentenced for the original offence.

What is a good behaviour bond?

A good behaviour bond is a sentencing order that usually involves entering into a recognisance, a formal promise made to the court to be of good behaviour for a set period, instead of, or alongside, another penalty. Depending on the type of bond, a conviction may or may not be recorded.

Can you leave Australia if you have a good behaviour bond?

Not automatically restricted, but you should confirm your specific conditions and check for any other orders before you travel. Bail, probation or parole conditions are different from a bond and can carry separate travel restrictions.

Does a good behaviour bond mean no conviction?

Only sometimes. A section 19 bond can be made without a conviction being recorded. Bonds made under sections 30, 31 or 32 are made alongside a recorded conviction, not instead of one.

What happens if I breach a good behaviour bond in Queensland?

You can be brought back to court, forfeit the recognisance amount, and be re-sentenced for the original offence. Any new offence involved in the breach is dealt with separately.

How long does a good behaviour bond last?

It depends on the type of bond. A section 19 bond can run for up to three years, and a section 31 bond for summary offences is capped at one year. A section 30 bond for indictable offences is set for a period the court fixes, without the same one-year cap.

This article is general information only. It is not legal advice and does not account for your specific circumstances. Whether a good behaviour bond is available, and on what terms, depends on the offence, the court and your individual matter, so get advice before relying on anything here.