Peace bond
In Canadian law, a peace bond is an order from a criminal court that requires a person to keep the peace and be on good behavior for a period of time. This essentially means that the person must not be charged with a criminal offence. [1] Peace bonds often have other conditions too, such as not having any weapons or staying away from a person or place.
A peace bond can be made by a criminal court Judge or a Justice of the Peace.[2] A peace bond is issued when the crown is strongly convinced that no guilt has happened. A person does not plead guilty when they enter into a peace bond. There is no finding of guilt made or conviction registered if a person agrees to a peace bond.[3]
The bond is usually set for twelve months.[4] If charges are withdrawn, the prosecution of those charges is finished and those same charges can never be brought back. However, if the person who has signed a peace bond transgresses the law within the 12-month period of signing it, there could be very serious repercussions, and this may result in a fine, or even jail time for violating the terms of the peace bond. [5]
There is no equal order to the peace bond in the US system, but a deferred prosecution has a similar effect. Since there is no conviction or admission of any guilt, charges that are withdrawn by a peace bond in Canada do not result in US inadmissibility under INA § 212 (a) (2). In addition, the issuance of a peace bond does not meet the definition for a conviction; moreover, a judge does not make a judgment of guilt when a peace bond is issued. In these cases, after the twelve-month peace bond, all the police records related to the withdrawn charge will be destroyed.
See also
- Binding over
- Bail (Canada)
- Probation
- Parole
- Anti-Social Behaviour Order (UK)
- Deferred prosecution (USA)
- Restraining order (USA)
References
External links
- "Applying for a Peace Bond and Filing Assault Charges" – from the Canadian Bar Association, British Columbia Branch
- Public Safety and Emergency Preparedness Canada – Section 810 peace bonds