If a court considers that there are good reasons, it may order the release of a defendant on the defendant's entering into a promise or bond to be of good behaviour for such period as the court thinks fit, usually between 6 months and 3 years [Sentencing Act 2017 (SA) ss 96 and 97].
A good behaviour bond can be ordered:
A good behaviour bond cannot be ordered where a person has committed an offence of murder, conspiracy to murder, aiding, abetting, counselling or procuring the commission of murder, treason, or a terrorist act [see s 95; see Part 5.3 of the Criminal Code Act 1995 (Cth) for definition of terrorist act].
Payment of a sum of money may be specified in the event of non-compliance and guarantors may be required to ensure compliance [see Sentencing Act 2017 (SA) s 100].
The court may include any conditions it thinks appropriate under s 98. This may include conditions that require the defendant to:
If a bond contains a requirement to perform community service work, the conditions and provisions relating to that work are the same that apply for any community service order - see Community Service Orders.
If a bond requires the payment of compensation to a person for injury, loss or damage resulting from the offence, compensation must be paid before the bond expires. The court may not otherwise specify the time or manner in which the sum of compensation is to be paid [see Sentencing Act 2017 (SA) s 122]. The payment of compensation ordered under the Sentencing Act 2017 (SA) is managed by the Fines Enforcement and Recovery Unit and payment arrangements may be organised through that Unit.
The Court has power to vary or discharge a bond. The application is made either by the probationer (the person subject to the bond) or the Minister for Correctional Services [see s 103].
The Minister may also waive the obligations of probationers to comply with any conditions requiring supervision if the Minister is satisfied that it is no longer necessary for there to be supervision and it is not in the best interest of the probationer to remain under supervision [see s 103(5)].
The Court may also discharge the bond by order [see s 103(8)].
When a person does not comply with a condition of a bond, then there can be enforcement proceedings lodged against them [see s 113]. Usually this occurs when someone commits a further offence, has not completed community service work or has not complied with supervision by a community corrections officer.
When this occurs the Court can, under s 114:
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