New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 98

98 Proceedings for breach of good behaviour bond

(1) If it suspects that an offender may have failed to comply with any of the conditions of a good behaviour bond:

(a) the court with which the offender has entered into the bond, or

(b) any other court of like jurisdiction, or

(c) with the offender’s consent, any other court of superior jurisdiction,

may call on the offender to appear before it.

(1A) If the offender fails to appear, the court may:

(a) issue a warrant for the offender’s arrest, or

(b) authorise an authorised officer to issue a warrant for the offender’s arrest.

(1B) If, however, at the time the court proposes to call on an offender to appear before it, the court is satisfied that the location of the offender is unknown, the court may immediately:

(a) issue a warrant for the offender’s arrest, or

(b) authorise an authorised officer to issue a warrant for the offender’s arrest.

(1C) For the purposes of subsection (1) (c), a court is of superior jurisdiction to the court with which an offender has entered into a good behaviour bond if it is a court to which the offender has (or has had) a right of appeal with respect to the conviction or sentence from which the bond arises.

(2) If it is satisfied that an offender appearing before it has failed to comply with any of the conditions of a good behaviour bond, a court:

(a) may decide to take no action with respect to the failure to comply, or

(b) may vary the conditions of the bond or impose further conditions on the bond, or

(c) may revoke the bond.

(3) In the case of a good behaviour bond referred to in section 12, a court must revoke the bond unless it is satisfied:

(a) that the offender’s failure to comply with the conditions of the bond was trivial in nature, or

(b) that there are good reasons for excusing the offender’s failure to comply with the conditions of the bond.