{{Short description|Good behaviour order (Canadian law)}} {{About|a provision of law|the fundraising device|Nonviolent Peaceforce|the marking of a possible weapon|Peace-bonding}}
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.<ref>{{cite web|url=http://lawfacts.ca/node/26|title=What is a peace bond? |publisher=LawFacts}}</ref> 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.{{fact|date=November 2023}}
A peace bond can be issued by a criminal court judge or a Justice of the Peace.<ref>{{cite web | url=https://www.cleo.on.ca/sites/default/files/book_pdfs/handbook.pdf | title=Do you know a woman who is being abused? A legal rights handbook | publisher=CLEO | date=February 2016 | accessdate=August 22, 2016}}</ref> 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.<ref>{{cite web|url=http://lawfacts.ca/node/16|title=Is agreeing to a peace bond the same thing as pleading guilty?|publisher=LawFacts}}</ref>
The peace bond itself is usually set for twelve months.<ref>{{cite web | url=http://www.ag.gov.bc.ca/family-justice/options/safety/difference_peace_restrain.htm | title=What are the differences between a peace bond and a restraining order? | publisher=BC Ministry of Attorney General | accessdate=August 22, 2016 | archiveurl=https://web.archive.org/web/20020616141740/http://www.ag.gov.bc.ca/family-justice/options/safety/difference_peace_restrain.htm | archivedate=June 16, 2002 | url-status=dead}}</ref> 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.<ref>{{cite web|url=http://lawfacts.ca/criminal/peace-bonds|title=Peace bonds|publisher=LawFacts}}</ref> 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.<ref>{{cite web|url=http://lawfacts.ca/node/195|title=What's the difference between having charges withdrawn or stayed?|publisher=LawFacts}}</ref>
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.<ref>{{cite web | url=https://www.police.windsor.on.ca/services/info-requests/Documents/LEARN%20COMPANION%20TO%20PRCRA.pdf | title=LEARN COMPANION to the POLICE RECORD CHECK REFORM ACT 2015 – (PRCRA)| publisher=Law Enforcement and Records (Managers) Network | date=June 2019 | accessdate=December 28, 2020}}</ref>
== United States ==
Peace bonds, or "sureties for good behavior", appear to have been in common use in the early history of the United States.<ref>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).</ref> Many states still retain statutes that provide for the issuance of peace bonds, but they are infrequently invoked.<ref>See sources cited supra; see also Corpus Juris Secondum, 11 C.J.S. Breach of the Peace § 18.</ref> The constitutionality of existing peace bond statutes is questionable.{{fact|date=April 2018}}
==See also== * Bail (Canada) * Binding over * Parole * Probation * Anti-social behaviour order (UK) * Deferred prosecution (US) * Restraining order (US)
==References== {{reflist}}
==External links== * [http://www.cba.org/bc/public_media/criminal/217.aspx "Applying for a Peace Bond and Filing Assault Charges"] – from the Canadian Bar Association, British Columbia Branch * [https://www.publicsafety.gc.ca/prg/cor/tls/sec810-eng.aspx Public Safety and Emergency Preparedness Canada – Section 810 peace bonds]
{{DEFAULTSORT:Peace Bond (Canada)}} Category:Sureties