Peace bond

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In Canadian law, a peace bond (also known as a 810 order, after the relevant section of the Criminal Code of Canada ) is an order from a criminal court that requires a person to keep the peace and be on good behaviour for a period of time. This essentially means that the person who signs a peace bond must not be charged with any additional criminal offences during its duration. [1] Peace bonds often have other conditions as well, such as not having any weapons or staying away from a particular person or place. Peace bonds are similar to a civil court restraining order, and are also based on the lesser burden of proof of civil law.[ citation needed ]

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A peace bond can be issued by a criminal court judge or a Justice of the Peace. [2] A peace bond is usually issued when the Crown Prosecutor is convinced that a strong case does not exist against the accused. A person does not plead guilty when they enter into a peace bond. Thus, there is no finding of guilt or conviction registered if a person agrees to sign a peace bond. One of the reasons why a person may agree to enter into a peace bond is to avoid a criminal trial, and ultimately the possibility of being convicted in a court of law of the offence for which they were charged. Being convicted in a court of law would entail receiving a criminal record. [3]

The peace bond itself is usually set for twelve months. [4] If a peace bond is signed, then the charges are withdrawn, and the prosecution of those charges is considered to be complete, and those same charges can never be re-instated. However, if one or more of the conditions of a peace bond are broken, either by not obeying one of the conditions, or by getting charged with a subsequent criminal offence within the 12-month period of time in which it was signed, there could be very serious repercussions, as this may result in the person being charged with a separate criminal offence of "breach of recognizance" or "disobeying a court order". The defendant may also be required to forfeit the entire cash surety that they pledged to pay to the court (usually $500 or $1000) when they entered into the peace bond. [5] Breaching any condition of a peace bond is considered a criminal offence. Moreover, as of July 19, 2015, a conviction for breaching a condition of a peace bond carries a maximum sentence of up to four years imprisonment. [6]

In exceptional cases, an expired peace bond may still be disclosed by the police if the person once subject to the bond is seeking a very detailed criminal history check (vulnerable sector search) in order to work or volunteer directly without supervision with children, seniors, or disabled individuals. Although there are no uniform standards across the country, after a five-year period has elapsed from the date that the peace bond was issued, and if the person subject to the peace bond has not since transgressed the law, it should no longer appear even in the most detailed type of criminal record check. [7]

United States

Peace bonds, or "sureties for good behavior", appear to have been in common use in the early history of the United States. [8] Many states still retain statutes that provide for the issuance of peace bonds, but they are infrequently invoked. [9] The constitutionality of existing peace bond statutes is questionable.[ citation needed ]

See also

Related Research Articles

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A bail bondsman, bail bond agent or bond dealer is any person, agency or corporation that will act as a surety and pledge money or property as bail for the appearance of a defendant in court.

<span class="mw-page-title-main">Magistrates' court (England and Wales)</span> Lower court in England and Wales

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In some common law nations, a recognizance is a conditional pledge of money undertaken by a person before a court which, if the person defaults, the person or their sureties will forfeit that sum. It is an obligation of record, entered into before a court or magistrate duly authorized, whereby the party bound acknowledges (recognizes) that they owe a personal debt to the state. A recognizance is subject to a "defeasance"; that is, the obligation will be avoided if person bound does some particular act, such as appearing in court on a particular day, or keeping the peace. In criminal cases the concept is used both as a form of bail when a person has been charged but not tried and also when a person has been found guilty at trial as an incentive not to commit further misconduct. The concept of a recognizance exists in Australia, Canada, Hong Kong, the Republic of Ireland, and the United States. Recognizances were frequently used by courts of quarter sessions, for example they make up more than 70% of surviving records for the Bedfordshire Quarter Sessions records.

<span class="mw-page-title-main">Criminal law of Canada</span>

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In the law of England and Wales and some other common law jurisdictions, binding over is an exercise of certain powers by the criminal courts used to deal with low-level public order issues. Both magistrates' courts and the Crown Court may issue binding-over orders in certain circumstances.

Bail in Canada refers to the release of a person charged with a criminal offence prior to being tried in court or sentenced. The Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms guarantee the right not to be denied reasonable bail without just cause. That right is implemented by the Criminal Code, which provides several ways for a person to be released prior to a court appearance. A person may be released by a peace officer or by the courts. A release by the courts is officially known as a judicial interim release. There are also a number of ways to compel a person's appearance in court without the need for an arrest and release.

<span class="mw-page-title-main">Justices of the Peace Act 1361</span> United Kingdom legislation

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The Criminal Procedure Code, are Malaysian laws which enacted relating to criminal procedure.

<i>R v Zora</i> Canadian legal decision

R v Zora, 2020 SCC 14 is a case in which the Supreme Court of Canada held unanimously that the offence of breaching bail conditions under the Criminal Code requires subjective mens rea.

Bail in the United Kingdom is the practice of releasing individuals from remand subject to certain conditions which are designed to enable criminal justice outcomes, primarily trials and police investigations, to be completed efficiently and effectively. The right to bail is guaranteed in a wide range of contexts but is not absolute. The legal systems of England and Wales, Northern Ireland and of Scotland each deal with bail in similar but distinct ways. Bail can be granted by the courts, the police and certain other criminal justice authorities including the Serious Fraud Office (SFO) and Financial Conduct Authority (FCA).

References

  1. ↑ "What is a peace bond?". LawFacts.
  2. ↑ "Do you know a woman who is being abused? A legal rights handbook" (PDF). CLEO. February 2016. Retrieved August 22, 2016.
  3. ↑ "Is agreeing to a peace bond the same thing as pleading guilty?". LawFacts.
  4. ↑ "What are the differences between a peace bond and a restraining order?". BC Ministry of Attorney General. Archived from the original on June 16, 2002. Retrieved August 22, 2016.
  5. ↑ "Peace bonds". LawFacts.
  6. ↑ "What's the difference between having charges withdrawn or stayed?". LawFacts.
  7. ↑ "LEARN COMPANION to the POLICE RECORD CHECK REFORM ACT 2015 – (PRCRA)" (PDF). Law Enforcement and Records (Managers) Network. June 2019. Retrieved December 28, 2020.
  8. ↑ See A. Sidney Childress, Peace Bonds—Ancient Anachronisms or Viable Crime Prevention Devices?, 21 Am. J. Crim. L. 407 (1994); State v. Anderson, 319 Conn. 288 (2015) (discussing history of peace bonds and extant peace bond statute in Connecticut).
  9. ↑ See sources cited supra; see also Corpus Juris Secondum, 11 C.J.S. Breach of the Peace § 18.
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