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RESOLUTION WITHOUT A RECORD

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 It is the charge being withdrawn months earlier, with nothing on your record and nothing to disclose to an employer.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.

THE STAGE

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 The charge is withdrawn when the bond is entered.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 Community service, a charitable donation, a counselling component or restitution is completed, and the charge is withdrawn on proof of completion.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Charges are also simply withdrawn where the Crown concludes there is no reasonable prospect of conviction.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.

IN PRACTICE

The routes out of a criminal charge

Section 810 peace bonds
No conviction, no criminal record, charge withdrawn on entry of the bond.
Common law peace bonds
Available in circumstances where the statutory route does not apply.
Diversion programmes
Community service, restitution or counselling, leading to withdrawal on completion.
Written resolution positions
A reasoned position sent to the Crown, supported by the disclosure and by the material about you.
Withdrawals for want of prospect
Where the identified weakness in the evidence is fatal to the prosecution.
Fingerprint and photograph destruction
The final step, so nothing avoidable remains on file after the charge ends.
QUESTIONS WE ARE ASKED

Frequently asked questions

Does a peace bond show up on a background check?
It is not a conviction and does not create a criminal record. Police information systems may retain a record of the charge and its disposition, which is why destruction applications are made afterward.
Do I have to admit anything?
No admission of the offence is required. There is usually an acknowledgement that the complainant had reasonable grounds for their fear, which is not the same thing.
How long does a peace bond last?
Typically twelve months. Conditions commonly include keeping the peace and no contact with the complainant.
Is diversion available for any charge?
No. It is aimed at less serious matters, usually property offences and first time allegations, and eligibility depends on the offence, the record and Crown policy.
What if I refuse a peace bond and want to fight the charge?
That is your decision, always. Where the case is genuinely defensible and you want a trial, the file is prepared for trial. The point is that you make that choice knowing every option.
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