Form 10—Order and recognisance where disForm 10—Order and recognisance where discharge without conviction

## Form 10—Order and recognisance where discharge without conviction Commonwealth of Australia Crimes Act 1914 ORDER AND RECOGNISANCE UNDER SECTION 19B IN THE 1 AT 2 IN THE \*STATE OF 3 BETWEEN: 4(\*Informant/\*Appellant) ‑and‑ 5(\*Defendant/\*Respondent) ORDER THE COURT DISCHARGES the \*defendant/\*appellant under section 19B of the Crimes Act 1914 without proceeding to conviction 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 comply with the following further conditions: (i) 13; (ii) 13. This Order has been issued because: \*(a) the appellant, 14 of 15, appealed to this court against the \*sentence/\*conviction and sentence imposed by the 2 Magistrates’ Court on 16 in respect of the following federal \*offence/\*offences: (i) 17; (ii) 17; and \*(a) the defendant, 14 of 15, was charged with the following federal \*offence/\*offences: (i) 17; (ii) 17; and (b) the court is satisfied that the \*charge is/\*charges are proved, but is of the opinion, having regard to: (i) the character, antecedents, age, health or mental condition of the person; or (ii) the extent to which the \*offence is/\*offences are of a trivial nature; or (iii) the extent to which the \*offence was/\*offences were committed under extenuating circumstances; that \*it is inexpedient to inflict \*any punishment/\*any punishment other than a nominal punishment./\*it is expedient to release the \*defendant/\*appellant on probation. Dated 16. 18 \*Judge of 1/\*Magistrate/\*Registrar of 1/ \*Clerk of 1/\*Justice of the Peace RECOGNISANCE I, 14, 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 16. 19 Before me: 20 \*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: 21 Name: 22 Address: 23 Second Surety: 21 Name: 22 Address: 23 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 details of further conditions, including period 14 insert name of defendant or appellant 15 insert address of defendant or appellant 16 insert date 17 insert details of offences 18 signature of judge, magistrate, registrar, clerk or justice of the peace 19 insert signature of defendant or appellant 20 signature of registrar, clerk or justice of the peace 21 signature of surety 22 insert full name of surety 23 insert address of surety \* omit if inapplicable