A recognizance release order can be imposed in three situations, depending on the seriousness of the crime and severity of the sentence.
1. The first is where a federal offender is convicted, but before moving to sentence, the court decides to release the offender upon entering into a good behaviour bond for the period of the order: s. 20(1)(a) Crimes Act 1914 (Cth) (similar to a s.9 bond under NSW law).
2. The second is where a federal offender is sentenced to imprisonment, but the judge directs that the person be released immediately, being subject to a good behaviour bond for a specified period: s. 20(1)(b) Crimes Act 1914 (Cth)(similar to a s.12 suspended sentence under NSW law).
3. The third instance is where a federal offender is sentenced to a term of imprisonment, and after having served a specified period of that term is then released on a recognizance release order for the remainder of that term: s. 20(1)(b) Crimes Act 1914 (Cth).
