Adjourned Undertaking

Adjourned Undertaking – This sentencing option is sometimes also referred to as a Good Behaviour Bond.

The Judge or Magistrate finds the charge/s proven upon a promise by the offender to be of good behaviour for a period of time. The offender must sign a document making the promise to the Court.

The standard duration of an Adjourned Undertaking is 12 months but the Judge or Magistrate has the power to order up to 60 months.

If the offender commits any further offending during the period of the undertaking, the offender can be bought back to Court and may be re-sentenced on the original charges.

The Court can also add any other conditions it deems relevant to the undertaking, for example, that the offender must continue to see their treating psychologist or participate in a Road Trauma Awareness Course.

This sentencing disposition can be made with or without a conviction (see Conviction v Non Conviction).

The Legislation:

s. 75 the Sentencing Act – Release on adjournment without conviction

(1)       A court, on being satisfied that a person is guilty of an offence, may (without recording a conviction) adjourn the proceeding for a period of up to 60 months and release the offender on the offender giving an undertaking with conditions attached.

(2)       An undertaking under subsection (1) must have as conditions—

(a)      that the offender attends before the court if called on to do so during the period of the adjournment and, if the court so specifies, at the time to which the further hearing is adjourned; and

(b)       that the offender is of good behaviour during the period of the adjournment; and

(c)      that the offender observes any special conditions imposed by the court and may include a condition requiring the offender to make a payment to an organisation that provides a charitable or community service or to the court for payment to such an organisation.