NCJ Number
173476
Date Published
1996
Length
8 pages
Annotation
Main recognizances used in New South Wales are the Section 558 recognizance and the Section 556A recognizance; Section 558 recognizances appear to be used in the sentencing hierarchy below custodial sentences but above fines and nominal penalties, while Section 556A recognizances are less severe.
Abstract
Section 558 recognizances are used by local courts in more serious cases, such as those involving offenders with multiple counts or prior records, but by higher courts in less serious cases, such as those involving offenders with a single count and no prior record. Section 556A recognizances are often used by local courts where they account for 31 percent of all recognizances but are more rarely used by higher courts where they account for 4 percent of all recognizances. The most common terms for recognizances are 12 months, 18 months, 2 years, and 3 years. In higher courts, terms of 4 and 5 years are also common. Very few recognizances are imposed for periods other than these standard terms, and virtually no recognizances are imposed for periods exceeding 5 years. Overall, recognizances are a traditional and widely used sentencing option in New South Wales to give offenders an incentive to avoid further criminal behavior and to allow courts to conduct sentencing in stages. 7 tables and 4 figures