Peace bond

This article is about a provision of law. For the fundraising device, see Nonviolent Peaceforce. For the marking of a possible weapon, see Peace-bonding.

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. They are similar to a civil court restraining order and also based on the lesser burden of proof of civil law.

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The bond is usually set for twelve months.[4] If charges are withdrawn, the prosecution of those charges is finished and those same charges can never be brought back.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]

The use of peace bonds is uncommon 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 Since there is no conviction or admission of any guilt, charges that are withdrawn by a peace bond in Canada do not result in US inadmissibility under INA § 212 (a) (2).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.

Upon expiry of the peace bond, the person who was subject to the bond should write to the arresting Police agency and request that the bond be purged as well as ask that their fingerprints and photographs be destroyed (if applicable). Otherwise, details of the bond will remain in the investigative section of the Canadian CPIC criminal records database indefinitely, which may affect future travel and employment.

While in effect, the peace bond will show up on a basic criminal record check. As it is a public record, it may also be visible in provincial online court records but is clearly identified as a court order and not a finding of guilt or criminal conviction. An expired peace bond that has been purged should not affect future employment or travel.

In exceptional cases, an expired peace bond may still be disclosed by 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 since the bond was issued and if the person subject to the bond has not since transgressed the law, it should no longer appear even in the most detailed type of criminal record check.[6]

United States

Peace bonds, or "sureties for good behavior," appear to have been in common use in the early history of the United States.[7] Many states still retain statutes that provide for the issuance of peace bonds, but they are infrequently invoked.[8] The constitutionality of existing peace bond statutes is questionable.

See also

References

  1. ↑
  2. ↑
  3. ↑
  4. ↑ BC Ministry of Attorney General
  5. ↑
  6. ↑ http://www.oacp.on.ca/Userfiles/Files/NewAndEvents/PublicResourceDocuments/GUIDELINES%20FOR%20POLICE%20RECORD%20CHECKS%20%20_%20June%202014_FINAL.pdf
  7. ↑ 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).
  8. ↑ See sources cited supra; see also Corpus Juris Secondum, 11 C.J.S. Breach of the Peace § 18.

External links

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