What Is an Adjourned Undertaking?

An adjourned undertaking is one of the sentencing options available to Victorian courts after a person has been found guilty of a criminal offence. It allows the court to adjourn the proceeding for a specified period on the condition that the offender complies with certain requirements. 

An adjourned undertaking is often used where the court considers that imprisonment or a community corrections order is unnecessary, but still wishes to encourage rehabilitation and deter future offending.

What Is an Adjourned Undertaking?

An adjourned undertaking is a sentencing order made under the Sentencing Act 1991 (Vic). Its also known as a “Good Behaviour Bond”.

Rather than imposing an immediate penalty such as a fine or imprisonment, the court adjourns the matter for a specified period, usually requiring the offender to be of good behaviour and comply with any conditions imposed by the court.

At the conclusion of the undertaking period, provided all conditions have been complied with, the matter is finalised without any further sentence being imposed.

An adjourned undertaking is a sentence in its own right and should not be confused with an adjournment before a plea or hearing.

What Conditions Can Be Imposed?

The court has broad discretion to impose conditions that are appropriate in the circumstances of the case.

Common conditions include:

• being of good behaviour;

• appearing before the court if called upon;

• making a charitable donation;

• completing treatment or counselling;

• engaging in drug or alcohol rehabilitation;

• completing anger management;

• making a donation to the Court Fund; or

• complying with any other condition considered appropriate by the court.

The conditions imposed will depend on the nature of the offending and the offender’s personal circumstances.

Does an Adjourned Undertaking Result in a Conviction?

Not necessarily.

The court has a discretion to impose an adjourned undertaking with or without recording a conviction.

Whether a conviction is recorded depends on a number of factors, including:

• the seriousness of the offence;

• your prior criminal history;

• the impact of a conviction on your employment or future prospects; and

• the purposes of sentencing.

Avoiding a recorded conviction can be particularly important for first-time offenders or those whose employment may be affected by a criminal record.

What Happens If I Breach an Adjourned Undertaking?

If you fail to comply with the conditions of an adjourned undertaking, you may be required to return to court.

The court may then:

• revoke the undertaking;

• re-sentence you for the original offence;

• impose a fine; or

• make any other order permitted under the Sentencing Act 1991 (Vic).

The consequences of a breach will depend on the nature of the breach and the reasons for the non-compliance.

When Is an Adjourned Undertaking Appropriate?

An adjourned undertaking is commonly imposed where:

• the offending is at the lower end of seriousness;

• the offender has limited or no prior convictions;

• there are good prospects of rehabilitation;

• there has been an early plea of guilty;

• the offender has demonstrated genuine remorse; or

• rehabilitation can be achieved without more severe sentencing options.

The court will consider all of the sentencing principles before deciding whether an adjourned undertaking is appropriate.

Can I Ask the Court for an Adjourned Undertaking?

Yes.

If an adjourned undertaking is an available sentencing option, your lawyer can make submissions explaining why it is the most appropriate outcome.

Supporting material such as character references, evidence of counselling, rehabilitation, employment history and other positive steps can assist in persuading the court that an adjourned undertaking is appropriate.

Every case depends on its own facts, and no particular sentencing outcome can ever be guaranteed.

Speak to Wilkinson Lawyers

If you are facing sentencing and would like to know whether an adjourned undertaking is available in your case, Wilkinson Lawyers can help. We regularly appear in courts throughout Victoria and prepare detailed plea submissions aimed at achieving the best possible sentencing outcome. We can advise whether an adjourned undertaking is appropriate and present your case effectively before the court.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.