New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 41A

41A Provisions applicable where control order suspended subject to good behaviour bond

(1) This section applies where the Children's Court has, under section 33 (1B), suspended the execution of an order under section 33 (1) (g) and the person concerned has entered into a good behaviour bond.

(2) Without limiting section 41, if a person is brought before a court and the court finds the person failed to comply with a condition of the good behaviour bond, the court must revoke the order made under section 33(1B)(b) unless the court is satisfied that--

(a) the person's failure to comply with the conditions of the bond was trivial in nature, or

(b) there are good reasons for excusing the person's failure to comply with the conditions of the bond.

(3) If the court revokes an order under subsection (2)--

(a) the suspension of the execution of the order under section 33 (1) (g) ceases to have effect, and

(b) Part 4 of the Crimes (Sentencing Procedure) Act 1999 applies to the order under section 33 (1) (g), as if the order were a sentence of imprisonment being imposed following the revocation of the good behaviour bond, and section 24 of that Act applies in relation to the setting of a non-parole period under that Part.

(4) The conditions of any such good behaviour bond may be varied under section 40 or in proceedings taken under section 41.