What is a Peace Bond?
A Peace Bond is method of resolution in which the criminal charges are withdrawn and the accused enters into a bond with the court in which they agree to abide by certain conditions for a prescribed period of time. The most important aspect of entering into a Peace Bond is that the accused is left with no criminal record for the underlying offence. Entering into a Peace Bond is not an admission of guilt nor does the accused have to admit the criminal allegations.
A Peace Bond is an Order from a criminal court that requires the accused to keep the peace and be of good behaviour, which means they must not be charged with other criminal offences for the duration of the Peace Bond. Peace Bonds often have conditions attached to them such as counselling, no alcohol or other intoxicants and no contact with the complainant. Peace Bonds are most often granted in situations of domestic violence but are available for other charges as well.
There are two kinds of Peace Bonds available: section 810 and common law. A section 810 Peace Bond is the most common form of Peace Bond and is named after the section of the Criminal Codewhich defines it. This form of Peace Bond requires the court to determine if the complainant has ongoing fear that the accused will cause him or another person personal injury. This is done by a police officer speaking with the complainant and then swearing an information in court that fear exists.
A common law peace bond is most often used in rural courthouses where police officers are not readily available to canvass fear and swear and information. Instead of a belief of ongoing fear, a judge only needs to be satisfied that the accused may breach the peace.
Entering into a Peace Bond is a very favourable way of resolving criminal charges. An accused will avoid the expense and stress of having to run a trial and has the guarantee of no criminal conviction. Cory Wilson’s experience, skill and close working relationship with the Crown Prosecutors Office has consistently and continuously resulted in his clients’ matters being resolved by Peace Bond.