In Canadian law, peace bonds are orders from criminal courts that require a person to keep peace and be nice for a certain period of time. This basically means that the person signing the peace bond should not be charged with additional criminal offenses for the duration. Bond bonds often have other conditions as well, such as not having weapons or staying away from a specific person or place. Peace bonds are similar to those of civil court detention, and are also based on a lower burden of proof of civil law.
Peace bonds can be issued by a criminal court judge or a Peace Judge. Peace bonds are usually issued when the Attorney General believes that a strong case does not exist against the defendant. Someone does not plead guilty when they enter a peaceful bond. Thus, no guilt findings or beliefs are 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 possibly be punished in court for the alleged offenses against him. Sentenced in court will sue for receiving criminal records.
The peace bond itself is usually set for twelve months. If a peace bond is signed, then the charges are withdrawn, and prosecution of the allegations is considered complete, and the same allegations can never be resumed. However, if one or more of the conditions of a peace bond are damaged, either by not complying with any of the terms, or by being charged with subsequent crimes within 12 months of signing, there may be a very serious reaction, as this may cause a person to be charged committing a crime of "confession breach" or "disobeying a court order". Defendants may also be required to forfeit all the cash collateral they promise to pay to court (usually $ 500 or $ 1000) when they enter into a peace bond. Violating any condition from a peace bond is considered a criminal offense. In addition, on July 19, 2015, confidence to violate the conditions of peace bonds carries a maximum sentence of up to four years in prison.
The use of peace bonds is somewhat uncommon in the US justice system, but pending prosecutions have a similar effect. Because there is no conviction or guilty plea, signing a peace bond in Canada usually does not cause the US to be unacceptable under INA Ã,§ 212 (a) (2).
After the end of the peace bond, the person subject to the bond must write to the police agent who arrested and requested that the bond be cleared, along with their fingerprints and photographs (if any). Otherwise, the bond details will remain in the investigative section of the Canadian Police Information Center (CPIC) indefinitely, which may affect future travel and work. Applications to request the destruction of fingerprint files, photos and disposition notes are available on all Canadian police websites.
While basically, peace bonds are used to appear on examination of basic criminal records, but since 2011 it is no longer the case. Since the peace bond is a public record, it may also be seen in provincial court records online, but is clearly identified as a court order and is not a guilty finding or criminal conviction. The expired peace agreement that has been removed should not affect future work or travel.
In exceptional cases, the expired peace bonds may still be disclosed by the police if the person who has ever submitted to the bond is seeking a highly detailed criminal history (vulnerable sector search) to work or volunteer directly without supervision with children, seniors, or a defective individual. Although there are no uniform standards across the country, after a period of five years has elapsed since the date of the peace bond is issued, and if the person who is subject to a peace bond has not since violated the law, it should no longer appear in the most detailed type of criminal record checks.
Video Peace bond
United States
The peace bond, or "sureties for good behavior", seems to have been commonly used in the early history of the United States. Many countries still maintain laws that provide for the issuance of peace bonds, but they are rarely called. The constitutionality of the existing peace peace statements is questionable.
Maps Peace bond
See also
- Bind
- Bail (Canada)
- Trial Period
- Parole
- Anti-Social Conduct (UK)
- Pending Prosecution (US)
- The arrest warrant (US)
References
External links
- "Apply for Peace Bonds and Fraudulent Filing Fee" - from the Canadian Bar Association, British Columbia Branch
- Canada's Public Safety and Emergency Preparedness - Section 810 peace bond
Source of the article : Wikipedia
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