Peace bond

Filed Under: Criminal Law

The Crown attorney has the discretion to impose a peace bond, which is a court order requiring the person to whom it is directed (defendant) to keep the peace and be of good behaviour. In minor assault cases, or other cases where there is an identifiable victim, the Crown might withdraw the charge against the accused. A peace bond may be issued under section 810 of the Criminal Code or under the court’s common law jurisdiction to bind a party over to keep the peace.

Common term applied to a recognizance under section 810 of the Criminal Code, whereby a person who reasonably fears personal injury from another person can apply to have that other person promise to keep the peace and be of good behaviour, and potentially be bound by other conditions. Other similar provisions have been added to the Code, though for the most part they are designed to be used by the state rather than by an individual: see, for example, section 810.01, dealing with the fear that the person will commit a criminal organization offence.

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