Understanding Adjourned Undertakings for Victorian Offences

What is an Adjourned Undertaking?

An adjourned undertaking also know as a good behaviour bond in Victoria, governed by section 75 of the Sentencing Act 1991 (Vic), is a sentencing option where a court postpones a case and releases an offender without recording a conviction. The offender must agree to certain conditions, primarily to be of good behaviour, for a period typically up to five years. It’s a flexible tool aimed at rehabilitation rather than punishment, often used for first-time or low-level offenders.

Eligibility Criteria

For an adjourned undertaking to be granted, the court must first find the offender guilty or accept a plea. Then, it exercises discretion based on factors such as:

• The offender’s character, prior history, age or other circumstances.
• The seriousness and nature of the offence. Any extenuating circumstances that lessen the offender’s culpability.

Unlike some federal provisions, Victorian law doesn’t require the offence to be trivial—courts can apply this option broadly, depending on the case.

Conditions and Consequences

The primary condition is to be of good behaviour, meaning no further offending during the adjournment period. Additional conditions might include:

• Completing community service or rehabilitation programs.
• Paying compensation or court costs.
• Reporting to authorities if required.

If the offender complies, the matter is discharged with no conviction recorded. However, breaching the undertaking—such as committing another offence—can lead the court to revoke it and resentence the offender, potentially imposing a conviction or harsher penalty.

Practical Example of adjourned undertaking

Consider a young person caught shoplifting in Melbourne. If they have no prior record and show remorse, a magistrate might grant an adjourned undertaking for 12 months with a condition to attend a theft awareness course. Successful completion avoids a criminal record, offering a second chance.

Detailed Analysis of Adjourned Undertakings under Section 75 of the Sentencing Act 1991 (Vic)

Legal Basis and Definition

An adjourned undertaking also know as a good behaviour bond is a sentencing option under section 75 of the Sentencing Act 1991 (Vic), allowing a court to adjourn a case for up to five years without recording a conviction. During this period, the offender must comply with conditions set by the court, with the matter discharged upon successful completion.

Section 75 states:

• Where a court finds a person guilty or accepts a plea, it may, with or without conviction, adjourn the proceeding and release the person upon them giving an undertaking with conditions.

This provision falls under Victoria’s sentencing hierarchy, sitting below more punitive options like fines or imprisonment and is designed to encourage rehabilitation while sparing offenders—especially first-timers—the stigma of a criminal record.

Eligibility Criteria and Judicial Discretion

Unlike federal provisions like section 19B of the Crimes Act 1914 (Cth), section 75 does not explicitly list factors like triviality or extenuating circumstances as prerequisites. Instead, eligibility rests on the court’s broad discretion, guided by sentencing principles in section 5 of the Sentencing Act 1991 (Vic), such as:

• The nature and gravity of the offence.
• The offender’s culpability and circumstances.
• The impact on victims and the community.

Courts often consider adjourned undertakings for minor to moderately serious offences, particularly where the offender shows remorse, has no significant prior record, or faces personal hardships (e.g., mental health issues).

For example, a magistrate might opt for this in cases of low-level theft, public nuisance or minor drug possession charges.

 Conditions of the Undertaking

The court must impose a mandatory condition that the offender be of good behaviour—essentially, not reoffend—during the adjournment period. Additional conditions, tailored to the case, may include:

• Community service or participation in programs like drug rehabilitation.
• Paying compensation to victims or a court fund.
• Supervision by a community corrections officer (less common but possible).

The adjournment period can be up to five years, though shorter terms (e.g., 6-12 months) are typical for less serious matters

Consequences of Breaching the Undertaking

If an offender breaches the undertaking—most commonly by reoffending—the court can revoke it under section 78 of the Sentencing Act 1991 (Vic). The offender is then brought back to court, where the magistrate or judge may:

• Record a conviction for the original offence.
• Impose a new sentence, such as a fine, community correction order, or even imprisonment, depending on the breach’s severity.

The court assesses breaches case-by-case, considering whether the failure was intentional or mitigated by circumstances.

Practical Application and Examples

Adjourned undertakings are commonly used in Victorian Magistrates’ Courts for first-time offenders or those with compelling personal circumstances. For instance:

• Case Example: A 19-year-old charged with disorderly conduct after a drunken incident might receive a 6-month undertaking with a condition to complete an alcohol awareness course. Compliance means no conviction; a breach could lead to a fine or conviction.
• Broader Use: Legal practitioners note its frequent application in family violence intervention order breaches where the offender shows rehabilitation potential, avoiding harsher outcomes

Here’s a summary of the key aspects and potential impacts:

• Eligible Offences – Minor to moderate Victorian offences (e.g., theft, public order, drug use).
• Maximum Adjournment Period – Up to 5 years, typically 6-24 months for most cases.
• Common Conditions – Good behaviour, community service, compensation, program participation.
• Breach Consequences – Conviction, resentencing (fine, CCO, or jail depending on severity).
• Beneficiaries – First-time offenders, youth, those with mitigating factors (e.g., remorse).

This above summary underscores the option’s flexibility and its role in diverting offenders from deeper criminal justice involvement.

Policy Implications and Context

Adjourned undertakings align with Victoria’s push for restorative justice, offering a pathway to avoid convictions that could hinder employment or travel. However, their effectiveness depends on judicial consistency and access to legal representation, as self-represented defendants may struggle to argue for this outcome. Adjourned undertakings and good behaviour bonds remain a counterbalance, emphasizing rehabilitation over incarceration for suitable cases.

This update does not constitute legal advice and should not be relied upon as such. It is intended only to provide a summary and general overview of matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of the content.

Last updated: 16 March 2025 Article by: Halil Gokler.