The court may order an adjourned undertaking where a charge is proven. The undertaking allows a person to be released into the community unsupervised for up to 5 years. The person must agree to the undertaking.
The Magistrates’ Court imposes adjourned undertakings in around 19% of cases (2023–24). The higher courts only imposes adjourned undertakings in around 1% of cases (2023–24).
Conditions of Adjourned Undertakings
Courts attach standard conditions to an adjourned undertaking. These conditions include that the person must be of good behaviour (not commit further offences) for the duration of the adjourned undertaking. The court may also impose other conditions.
Courts can attach a justice plan to an adjourned undertaking for offenders with an intellectual disability.
If a person breaches the conditions of an adjourned undertaking, they may be called back to court for resentencing.
With or Without Conviction
The court may impose an adjourned undertaking with or without recording a conviction. Our research shows that over 80% of adjourned undertakings are without conviction (Sentencing Advisory Council (2022) Reforming Adjourned Undertakings in Victoria Consultation Paper).
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