Form 11

Order and recognisance where release without passing sentence

In force

Commonwealth of Australia

Crimes Act 1914

ORDER AND RECOGNISANCE UNDER PARAGRAPH 20(1)(a)

IN THE ¹

AT ²

IN THE *STATE OF ³

BETWEEN:

⁴(*Informant/*Appellant)

‑and‑

⁵(*Defendant/*Respondent)

ORDER

THE COURT ORDERS the release of the *defendant/*appellant under paragraph 20(1)(a) of the Crimes Act 1914 without passing sentence on the *defendant/*appellant upon the *defendant/*appellant giving security *with *surety/*sureties of $ ⁶ by recognisance of $ ⁷ to comply with the following conditions:

(a)

that the *defendant/*appellant is to be of good behaviour for ⁸ *months/*years;

*(b) that the *defendant/*appellant is to *make reparation/*make restitution/*pay compensation of $ ⁹ to ¹⁰ *by ¹¹/*by instalments of $ ¹²;

*(c) that the *defendant/*appellant is to pay costs of this prosecution for the *offence/*offences specified below of $ ⁹ to ¹⁰*by ¹¹/ *by instalments of $ ¹²;

*(d) that the *defendant/*appellant is to pay to the Commonwealth a pecuniary penalty of $ ⁹ to ¹³ *by ¹¹/*by instalments of $ ¹²;

*(e) that the *defendant/*appellant is to comply with the following further conditions:

(i)

¹⁴;

(ii)

¹⁴.

This Order has been issued because:

*(a) the appellant, ¹⁵ of ¹⁶, appealed to this court against the *sentence/*conviction and sentence imposed by the ² Magistrates’ Court on ¹⁷ in respect of the following federal *offence/*offences:

(i)

¹⁸;

(ii)

¹⁸; and

*(a) the defendant, ¹⁵ of ¹⁶, was charged with the following federal *offence/*offences:

(i)

¹⁸;

(ii)

¹⁸; and

(b)

the court has convicted the *defendant/*appellant of the *offence/*offences; and

(c)

the court has decided to release the *defendant/*appellant without passing sentence on the *defendant/*appellant if the *defendant/*appellant complies with the conditions of this Order.

Dated ¹⁷.

¹⁹

*Judge of ¹/*Magistrate/*Registrar of ¹/

*Clerk of ¹/*Justice of the Peace

RECOGNISANCE

I, ¹⁵, the *defendant/*appellant:

(a)

have had explained to me:

(i)

the purpose and effect of this Order; and

(ii)

the consequences that may follow if I fail, without reasonable cause or excuse, to comply with the conditions of this Order; and

(iii)

that this recognisance may be discharged or varied under section 20AA of the Crimes Act 1914; and

(b)

agree that I am bound in accordance with this Order; and

(c)

agree that I have been given a copy of this Order.

Dated ¹⁷.

²⁰

Before me:

²¹

*Registrar of ¹/*Clerk of ¹ /*Justice of the Peace

UNDERTAKING BY *SURETY/*SURETIES

I undertake to pay to the Commonwealth of Australia the amount specified in this Order if the *defendant/*appellant fails to comply with a condition of this Order.

I agree that I have been given a copy of this Order.

First Surety: ²²

Name: ²³

Address: ²⁴

Second Surety: ²²

Name: ²³

Address: ²⁴

¹ insert name of court

² insert location of court

³ insert State or Territory

⁴ insert name of informant or appellant

⁵ insert name of defendant or respondent

⁶ insert amount of surety or sureties

⁷ insert amount of recognisance

⁸ insert period

⁹ insert amount

¹⁰ insert to whom amount is to be paid

¹¹ insert date by which amount must be paid

¹² insert details of instalments

¹³ insert to whom penalty is to be paid

¹⁴ insert details of further conditions, including period

¹⁵ insert name of defendant or appellant

¹⁶ insert address of defendant or appellant

¹⁷ insert date

¹⁸ insert details of offences

¹⁹ signature of judge, magistrate, registrar, clerk or justice of the peace

²⁰ insert signature of defendant or appellant

²¹ signature of registrar, clerk or justice of the peace

²² signature of surety

²³ insert full name of surety

²⁴ insert address of surety

* omit if inapplicable

This Act’s bill:Explanatory statement

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