Peace Bonds and Withdrawals
The best result in a criminal case is often not an acquittal after a two day trial. It is the charge being withdrawn months earlier, with nothing on your record and nothing to disclose to an employer. A significant proportion of criminal allegations can end that way, and this is how.
What a peace bond is, and what it is not
A peace bond under section 810 is an order to keep the peace and be of good behaviour for a period, usually twelve months, with conditions attached.
Entering into a peace bond is not a guilty plea, it is not a finding of guilt, and it does not create a criminal record. The charge is withdrawn when the bond is entered. There is ordinarily an acknowledgement that the complainant had reasonable grounds to fear, which is a very different thing from an admission that the offence occurred.
For allegations of assault, threats, harassment and mischief, particularly where the parties know each other, this is frequently the most sensible outcome available to everyone involved.
Diversion and programmes
For property offences, minor thefts and some first time matters, Crown offices operate diversion programmes. Community service, a charitable donation, a counselling component or restitution is completed, and the charge is withdrawn on proof of completion. Getting into a programme is not automatic and depends on how the file is presented.
Straight withdrawals
Charges are also simply withdrawn where the Crown concludes there is no reasonable prospect of conviction. That conclusion follows from someone identifying the problem in the case and putting it to them in writing, before a trial date consumes a year.
What it takes
Every one of these routes depends on the same groundwork: disclosure read early, weaknesses identified, and a considered written position sent to the Crown at the right moment. None of them are favours. They are the product of preparation.
The routes out of a criminal charge
Frequently asked questions
Related pages
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