Good Behaviour Bond
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Good Behaviour Bond
In the Australian legal system, a good behaviour bond is a type of non-custodial sentence which involves the condition of the offender's “good behaviour” for a set period. The condition of “good behaviour” primarily requires the offender to obey the law, but may also include additional probation officer supervision, mandatory medical treatment or participation in rehabilitation, counselling and intervention programs. These imposed conditions are determined by state legislation and at the magistrate's discretion. A good behaviour bond may be established with or without a recorded legal conviction for the offence. The specific conditions which constitute a good behaviour bond, as well as the consequences for breaching them, vary under each Australian state or territory's legislation, but overall are used most commonly for first-time and juvenile offenders. Implementation in Australian states & territories New South Wales The ''Crimes (Sentencing Procedure) Act 1999 (NSW ...
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Sentence (law)
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole, supervised release or probation until the total sentence is completed. If a sentence is reduced to a less harsh punishment, then the sentence is said to have been mi ...
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Tasmania
) , nickname = , image_map = Tasmania in Australia.svg , map_caption = Location of Tasmania in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_date = Colony of Tasmania , established_title2 = Federation , established_date2 = 1 January 1901 , named_for = Abel Tasman , demonym = , capital = Hobart , largest_city = capital , coordinates = , admin_center = 29 local government areas , admin_center_type = Administration , leader_title1 = Monarch , leader_name1 = Charles III , leader_title2 = Governor , leader_name2 ...
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Australian Criminal Law
The criminal law of Australia is the body of law in Australia that relates to crime. Responsibility for criminal law in Australia is divided between the state and territory parliaments and the Commonwealth Parliament. This division is due to the Commonwealth Parliament's limited legislative powers under Australian constitutional law.While Australian State Governments have plenary power to enact legislation; the Commonwealth's legislative powers are exhaustively defined within the Australian Constitution. The criminal law system differs across Australian States; with distinctions readily found across jurisdictions regarding criminal offences, sentencing, and criminal procedure. Additionally, there exists a distinction between Australia's 'Code States' and 'Common Law States'. The 'Code States' of Western Australia, Queensland, and Tasmania have wholly replaced the system of judge-made criminal law inherited from England; with legislative instruments that exhaustively define the ...
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Sentencing (law)
In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole, supervised release or probation until the total sentence is completed. If a sentence is reduced to a less harsh punishment, then the sentence is said to have been mit ...
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Binding Over
In the law of England and Wales and some other common law jurisdictions, binding over is an exercise of certain powers by the criminal courts used to deal with low-level public order issues. Both magistrates' courts and the Crown Court may issue binding-over orders in certain circumstances. In the United Kingdom In a 1988 article in the ''Cambridge Law Journal'', British legal commentator David Feldman describes the power to "bind people over to be of good behaviour or to keep the peace" as a useful and common device used in the British criminal justice system, and explains the process as follows: The origins of the binding-over power are rooted in (1) the takings of sureties of the peace, which "emerged from the peace-keeping arrangements of Anglo-Saxon law, extended by the use of the royal prerogative and royal writs" and (2) the separate device of sureties of good behavior, which originated as a type of conditional pardon given by the king. The modern statutory authorizati ...
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Peace Bond
In Canadian law, a peace bond is an order from a criminal court that requires a person to keep the peace and be on good behaviour for a period of time. This essentially means that the person who signs a peace bond must not be charged with any additional criminal offences during its duration. Peace bonds often have other conditions as well, such as not having any weapons or staying away from a particular person or place. Peace bonds are similar to a civil court restraining order, and are also based on the lesser burden of proof of civil law. A peace bond can be issued by a criminal court judge or a Justice of the Peace. A peace bond is usually issued when the Crown Prosecutor is convinced that a strong case does not exist against the accused. A person does not plead guilty when they enter into a peace bond. Thus, there is no finding of guilt or conviction registered if a person agrees to sign a peace bond. One of the reasons why a person may agree to enter into a peace bond is ...
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Punishment In Australia
Punishment in Australia arises when an individual has been accused or convicted of breaking the law through the Australian criminal justice system. Australia uses prisons, as well as community corrections (various non-custodial punishments such as parole, probation, community service etc), When awaiting trial, prisoners may be kept in specialised remand centres or within other prisons. The death penalty has been abolished, and corporal punishment is no longer used. Prison labour occurs in Australia, with prisoners involved in many types of paid work. Before the colonisation of Australia by Europeans, Indigenous Australians had their own traditional punishments, some of which are still practised. The most severe punishment by law which can be imposed in Australia is life imprisonment. In the most extreme cases of murder, and some severe sex offences, such as aggravated rape, courts in the states and territories can impose life imprisonment without parole, thus ordering the co ...
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NSW Bureau Of Crime Statistics And Research
The Bureau of Crime Statistics and Research (BOCSAR), also known as NSW Bureau of Crime Statistics and Research, is an agency of the Department of Communities and Justice responsible for research into crime and criminal justice and evaluation of the initiatives designed to reduce crime and reoffending in the state of New South Wales, Australia. Management and functions BOCSAR was established in 1969. The executive director of BOCSAR since July 2019 is Jackie Fitzgerald. She took over from Don Weatherburn PSM, who spent over 30 years in the position. The Bureau is responsible for identifying factors affecting the distribution and frequency of crime and the effectiveness of the NSW criminal justice system, and for making this information available to its clients. It develops and maintains statistical databases on crime and criminal justice in NSW, monitors trends in crime and criminal justice, and also conducts research on crime and criminal justice issues and problems. Sta ...
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Local Court Of New South Wales
The Local Court of New South Wales is the lowest court in the judicial hierarchy of the Australian state of New South Wales. Formerly known as the Court of Petty Sessions and the Magistrates Court, there are more than 160 branches across New South Wales where the Local Court has jurisdiction to deal with the majority of minor civil and criminal matters. Matters are heard before a single magistrate sitting without a jury, addressed as "Your Honour" or "Sir" (but no longer "Your worship"). The Local Court has no jurisdiction for claims in equity. On appeal, matters may be heard by the District Court of New South Wales including appeals against the sentence or conviction decided in the Local Court. The Chief Magistrate of the Local Court is Judge Peter Johnstone, former President of the NSW Children's Court, who was appointed in September 2021. Judge Johnstone succeeded Judge Graeme Henson, appointed in 2006. History In 1788, following the landing of the First Fleet and establis ...
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Australian Bureau Of Statistics
The Australian Bureau of Statistics (ABS) is the independent statutory agency of the Australian Government responsible for statistical collection and analysis and for giving evidence-based advice to federal, state and territory governments. The ABS collects and analyses statistics on economic, population, environmental and social issues, publishing many on their website. The ABS also operates the national Census of Population and Housing that occurs every five years. History In 1901, statistics were collected by each state for their individual use. While attempts were made to coordinate collections through an annual Conference of Statisticians, it was quickly realized that a National Statistical Office would be required to develop nationally comparable statistics. The Commonwealth Bureau of Census and Statistics (CBCS) was established under the Census and Statistics Act in 1905. Sir George Knibbs was appointed as the first Commonwealth Statistician. Initially, the bureau w ...
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Australian Law Reform Commission
The Australian Law Reform Commission (often abbreviated to ALRC) is an Australian independent statutory body established to conduct reviews into the law of Australia. The reviews, also called inquiries or references, are referred to the ALRC by the Attorney-General for Australia. Based on its research and consultations throughout an inquiry, the ALRC makes recommendations to government so that government can make informed decisions about law reform. The ALRC is part of the Attorney-General's portfolio; however it is an independent statutory authority constituted under the ''Australian Law Reform Commission Act 1996'' (Cth), and the ''Public Governance, Performance and Accountability Act 2013'' (PGPA Act). As an independent agency, it is able to undertake research, consultations and legal policy development, and to make recommendations to the Parliament, without fear or favour. The ALRC's objective is to make recommendations for law reform that: * bring the law into line wi ...
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Redfern Legal Centre
Redfern Legal Centre (RLC) is an independent, non-profit community legal centre established in 1977 and located in the Sydney inner-city of Redfern, New South Wales. It is part of a network of four inner-Sydney region community legal centres, including the Inner City, Kingsford, and Marrickville Legal Centres. Redfern Legal Centre is a member of Community Legal Centres NSW, the state peak representative body for community legal centres in NSW and also Community Legal Centres Australia, the national peak representative body for community legal centres across Australia. Redfern Legal Centre should not be confused with the Aboriginal Legal Service, also located in Redfern, which was the first free legal service in Australia and founded in 1970. The RLC is dedicated to promoting social justice and human rights and provides free legal advice, referral, and casework to disadvantaged people and groups who live with its catchment area, which extends to the Botany, Leichhardt, and Cit ...
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