South Australian Current Acts

SENTENCING ACT 2017 - SECT 97

97—Discharge of other defendants on entering into good behaviour bond

        (1)         If a court finds a person guilty of an offence, the court may, if it thinks that good reason exists for doing so, discharge the defendant with or without recording a conviction, and without imposing any other penalty, on condition that the defendant enter into a bond—

            (a)         to be of good behaviour; and

            (b)         to comply with the other conditions (if any) included in the bond; and

            (c)         if the terms of the bond so require, to appear before the court for sentence, or conviction and sentence, if the defendant fails during the term of the bond to comply with a condition of the bond.

        (2)         However, if the defendant is not to be so required to appear before the court, the court cannot impose any conditions under subsection (1)(b).

        (3)         If a defendant is discharged on a bond under this section—

            (a)         no fresh prosecution may be commenced in respect of the offence; and

            (b)         the defendant will only be liable to sentence, or conviction and sentence, if the defendant fails to comply with a condition of the bond and the terms of the bond require the defendant to appear before the court for sentencing in that event.