South Australian Consolidated Acts

CRIMINAL LAW (SENTENCING) ACT 1988 - SECT 39

39—Discharge without sentence on defendant entering into bond

        (1)         Where a court finds a person guilty of an offence the court may, if it thinks that good reason exists for doing so, discharge the defendant with or without recording a conviction and without imposing a penalty, upon condition that the defendant enter into a bond—

            (a)         to be of good behaviour; and

            (ab)         to comply with the other conditions (if any) included in the bond; and

            (b)         if the terms of the bond so require, to appear before the court for sentence, or conviction and sentence, if the defendant fails during the term of the bond to comply with a condition of the bond.

        (1a)         However, if the defendant is not to be so required to appear before the court, the court cannot impose any conditions under subsection (1)(ab).

        (2)         Where a defendant is discharged under this section—

            (a)         no fresh prosecution may be commenced in respect of the offence; and

            (b)         the defendant will only be liable to sentence, or conviction and sentence, if he or she fails to comply with a condition of the bond and the terms of the bond require the defendant to appear before the court for sentencing in that event.