Last updated 23 September 2024

A recognisance is a promise, entered into and recorded before a court, to appear in court when called upon to do so, pay a certain amount of money, keep the peace and be of good behaviour for a specified period.

The Penalties and Sentences Act 1992 (Qld) (Penalties and Sentences Act) allows the imposition of recognisance when the court considers that it is appropriate that no punishment or only a nominal punishment should be imposed (s 17(1) Penalties and Sentences Act) for property-related offences (s 23 Penalties and Sentences Act) and other offences (ss 30, 32 Penalties and Sentences Act).

In most cases, if the court makes a recognisance order, it cannot record a conviction (ss 16, 22 Penalties and Sentences Act), however if the offender is convicted on indictment then the court has a discretion whether or not to record a conviction (s 29 Penalties and Sentences Act).

Drug diversion

In certain circumstances, the court may impose a condition that an offender released on recognisance must participate in a drug assessment and education session by a certain date (called a ‘drug diversion condition’).

A drug diversion condition can only be imposed if (s 19(2A) Penalties and Sentences Act):

  • the court is a drug diversion court (as at the time of writing, each Magistrates Court and Childrens Court constituted by a magistrate is a drug diversion court)
  • the offender is an ‘eligible drug offender’
  • the offender consents to participating in a drug assessment and education session.

An offender is an eligible drug offender if the person:

  • has plead guilty to an eligible drug offence (i.e. an offence of unlawful possession of a dangerous drug under s 9 of the Drugs Misuse Act 1986 (Qld)) where each dangerous drug mentioned in the charge is a dangerous drug, the total quantity of each of the dangerous drugs mentioned in the charge does not exceed the prescribed quantity, and the court considers that each dangerous drug mentioned in the charge was for the person’s personal use (s 15D Penalties and Sentences Act)
  • has not previously been convicted of a ‘disqualifying offence’ and does not have a charge for a disqualifying offence pending in court
  • has not previously received two or more drug diversion alternatives.

Some examples of a disqualifying offence include offences of a sexual nature, offences for trafficking, supplying or producing dangerous drugs, or offences involving violence against another person (s 15E Penalties and Sentences Act).

Whether or not the court imposes a drug diversion condition (or any other condition), if the offender consents, the court may also impose a condition that the offender complete a drug and alcohol assessment referral course (called a DAAR course) by a certain date (called a DAAR condition) (s 19(2B) Penalties and Sentences Act).

If an offender contravenes either a drug diversion condition or a DAAR condition, then the court may bring the offender back before the court and record a conviction and sentences the offender for the offence with which the offender was originally charged, or make any other order that the court could have made as if the offender had not been released on recognisance (s 20 Penalties and Sentences Act).

For further discussion of alternative sentences to terms of imprisonment for drug offences in Queensland see the Queensland Law Handbook chapter on Drugs.

Recognisance for property-related offences

When an offender has been convicted of a property-related offence, a court may adjourn the sentencing of the offender for not more than six months and release the offender upon a recognisance on the condition that the offender agree to reappear before the court to be sentenced at the time and place specified in the order or at an earlier time (s 24 Penalties and Sentences Act). Recognisance may be ordered with or without sureties. A surety is a person who agrees to provide an amount or forfeit a sum of money or property if the offender does not attend court when required. If the court orders recognisance for a property-related offence, it cannot record a conviction (s 22 Penalties and Sentences Act).

The offender may be required to reappear before the court at an earlier time if, for example, the court wishes to see what steps the offender has taken to restore, reinstate or provide compensation for the victim’s property (s 25 Penalties and Sentences Act).

If the offender fails to appear at the time specified in the recognisance order or at an earlier time (if called upon by the court), the recognisance may be forfeited and a warrant issued for the offender’s arrest. Upon the offender’s apprehension, the court may sentence the offender in respect of the offence for which the recognisance was originally granted or make any other order that the court could have made and may record a conviction against the offender (s 27 Penalties and Sentences Act).

The recognisance terminates if the offender is called upon to appear at an earlier time or when the offender appears at the time specified in the order (s 28 Penalties and Sentences Act). In sentencing the offender, the court may have regard to the steps (if any) the offender has taken in relation to the aggrieved person’s property.

Fixed-period recognisance

If an offender is convicted summarily (i.e. by the Magistrates Court), they may be released on a recognisance, with or without sureties, on the condition that the offender keep the peace and be of good behaviour for a period fixed by the court which must not be longer than one year (s 31 Penalties and Sentences Act).

If an offender is convicted on indictment (i.e. by the District Court or Supreme Court), then, in addition to or instead of any other sentence, they may be released on recognisance, with or without sureties, on the condition that the offender keep the peace and be of good behaviour for a period fixed by the court (s 30 Penalties and Sentences Act). If an order for a recognisance is made by the District or Supreme Court, then the period during which the offender must keep the peace and be of good behaviour may (but not must) exceed one year. Furthermore, the court may order than an offender be imprisoned until they enter into the recognisance, however, the period of imprisonment must not exceed one year nor, together with any other imprisonment that is ordered for the offence, the longest term of imprisonment for which the offender might be sentenced to be imprisoned without a fine.

General recognisance

Any court may, instead of imposing another sentence, release an offender if the offender enters into a recognisance (with or without sureties) on the conditions that the offender must (s 32 Penalties and Sentences Act):

  • appear before the court to be sentenced at a future sitting of the court or, if called on, within a period stated by the court
  • keep the peace and be of good behaviour in the meantime.

If the court makes a recognisance order in those circumstances, then the court has a discretion whether or not to record a conviction (s 29 Penalties and Sentences Act).