“Placed on a good behaviour bond” is a phrase everyone has heard. In the District Courts Act it translates into a recognizance, and it comes in two quite different legal packages.
The bond is a recognizance
The Act does not use the word “bond”. It uses recognizance: an acknowledgement, oral or written, of a sum for which the person is bound and the condition on which it becomes payable, given under section 266 and entered in the Security Book under regulation 13. Sureties may be required. See what is a recognizance.
The section 132 bond: a sentencing outcome
The Court may, without proceeding to conviction, make an order discharging the offender conditionally on his entering into a recognizance, with or without sureties, to be of good behaviour and to appear for conviction and sentence when called on at any time during such period, not exceeding three years, as is specified in the order.
This bond is imposed after a charge is proved, as an alternative to conviction and punishment. Its distinctive feature is the second limb: the offender must appear for conviction and sentence if called on. Breach therefore has two consequences: forfeiture of the sum, and sentence for the original offence. The full context is in discharge without conviction. The Manual describes it as part of the Court’s general sentencing jurisdiction and notes the three-year ceiling.
The Part X bond: a preventive order
After hearing the evidence on an information under section 209 (threats) or section 210 (a person of evil fame), the Court may (a) dismiss the case; or (b) require the defendant to enter into a recognizance, oral or in writing, with or without sureties, in such reasonable amount as the Court thinks fit, to keep the peace or be of good behaviour, for such time as it thinks fit, or in default commit the defendant for a term not exceeding six months unless the recognizance is given.
This bond is not a sentence. It follows a finding that the defendant has threatened injury or a breach of the peace and that the complainant is in fear, or that the defendant is a person of evil fame. No offence need have been committed. The default is imprisonment for refusing to give the bond, not for breaking it. See sureties to keep the peace.
The two compared
| Section 132 | Part X (ss 209–217) | |
|---|---|---|
| Trigger | A charge proved | A written information of threats or evil fame |
| Conviction | None recorded | None; not a criminal charge |
| Condition | Good behaviour, and appearing for sentence if called on | Keep the peace and/or be of good behaviour |
| Maximum period | Three years | Such time as the Court thinks fit |
| If the defendant refuses to give it | The Court sentences instead | Commitment for up to six months (s 214(b)), released on giving it (s 216) |
| On breach | Called up for sentence; forfeiture under s 272 | Forfeiture under s 217 on proof of a conviction that breaches the condition, after seven days’ notice |
What “good behaviour” requires
The Act does not define it. Section 217(b) shows how breach is proved for a Part X bond: by a conviction of the principal of an offence which is in law a breach of the condition. The same approach is taken to a section 132 bond in practice: a further conviction during the period is the ordinary trigger for calling the offender up. Conduct that is not an offence, such as a quarrel that goes no further than words, will rarely be treated as a breach, though a Part X bond conditioned to keep the peace towards a named person can be broken by threatening that person.
Forfeiture
Where a recognizance to keep the peace or be of good behaviour is entered into by a person as principal or surety, a Court, (a) on application to declare it forfeited; (b) on proof of a conviction of the principal of an offence which is in law a breach of the condition; and (c) on proof that written notice of the application was personally served, or left at the usual abode of, each person bound at least seven days before, may declare the recognizance forfeited and order payment of the amount due.
Section 272 provides the general forfeiture power, section 273 allows the Court to suspend, cancel or mitigate a forfeiture before sale under a warrant of execution, and section 269 lets a surety who pays recover from the principal. A surety is therefore taking a real financial risk, and should be told the period and the sum before agreeing.
Dispensing with a bond
Section 200(1) allows the Court, where a law imposing a fine or imprisonment also requires the defendant to enter into a recognizance and find sureties, to dispense with that requirement wholly or in part. That matters for a defendant who cannot find a surety: the Court can accept his own recognizance alone, or none.
The District Courts Act is not on PacLII; it is available on vLex.
Before relying on anything here, read the current text of the District Courts Act (Chapter 40) and check for later amendments. The Act is not on PacLII; the figures and time limits quoted in this series come from the consolidation to No 8 of 2000, and the District Courts (Amendment) Act 2009 changes some of them once it is brought into operation. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.