Australian Capital Territory Current Acts

CRIMES (SENTENCING) ACT 2005 - SECT 13

    (1)     This section applies if an offender is convicted or found guilty of an offence.

Note     If a good behaviour order is made without convicting the offender (see  s 17), it is also a non-conviction order (see s 17 (2)).

    (2)     The court may make an order (a good behaviour order ) requiring the offender to sign or give an undertaking to comply with the offender's good behaviour obligations under the Crimes (Sentence Administration) Act 2005

for a stated period.

    (3)     An undertaking—

        (a)     may be signed or given before the court; and

        (b)     if given before the court, must be recorded by the court.

    (4)     A good behaviour order may include 1 or more of the following conditions:

        (a)     that the offender give security for a stated amount, with or without sureties, for compliance with the order;

Note     This paragraph does not apply to a young offender (see s 133M).

        (b)     a community service condition;

Note     A community service condition must not be included in the order unless the offender is convicted of the offence (see s 87).

        (c)     a rehabilitation program condition;

Note     A good behaviour order that includes a rehabilitation program condition must also include a probation condition or supervision condition (see s 95 and s 133V).

        (d)     a probation condition;

        (e)     that the offender comply with a reparation order;

        (f)     a condition prescribed by regulation for this paragraph;

        (g)     any other condition, not inconsistent with this Act or the Crimes (Sentence Administration) Act 2005

, that the court considers appropriate.

Examples of conditions for par (g)

1     that the offender undertake medical treatment and supervision (eg by taking medication and cooperating with medical assessments)

2     that the offender supply samples of blood, breath, hair, saliva or urine for alcohol or drug testing if required by a corrections officer

3     that the offender attend educational, vocational, psychological, psychiatric or other programs or counselling

4     that the offender not drive a motor vehicle or consume alcohol or non-prescription drugs or medications

5     that the offender regularly attend alcohol or drug management programs

Note     See s 133M for additional conditions available for young offenders (education and training conditions and supervision conditions).

    (5)     If the offence is punishable by imprisonment, a good behaviour order—

        (a)     may be made instead of imposing a sentence of imprisonment or as part of a combination sentence that includes imprisonment; and

        (b)     may apply to all or part of the term of the sentence.

    (6)     Subsection (5) does not, by implication, limit the sentences that a court may impose under this Act or another territory law.

    (7)     If the good behaviour order includes a community service condition, it is a community service order.

    (8)     If the good behaviour order includes a rehabilitation program condition, it is a rehabilitation program order.

    (9)     This section is subject to chapter 6 (Good behaviour orders).