Section 810 Of The Criminal Code
A recognizance under section 810 of the criminal code is also known as an 810 peace bond.
Section 810 of the criminal code. A unless the provision or context otherwise requires the definitions contained in this part govern the construction of this division. Section 810 the criminal code of canada allows a judge or justice of the peace to require you to enter into a recognizance like a peace bond if there are reasons to believe you will commit certain serious crimes. A common law peacebond on the other hand can only arise in the context of a criminal trial.
L notwithstanding any other provision of this section if the spouse of a member convicted of a qualifying felony is convicted of the felony as a party to the offense as defined by section 7 01 penal code or of another qualifying offense arising out of the same criminal episode as defined by section 3 01 penal code the spouse forfeits the. B this division may be referred to as the government claims act. Or b will commit an offence under section 162 1.
It is used where an individual the defendant appears likely to commit a criminal offence but there are no reasonable grounds to believe that an offence has actually been committed. If you don t follow the conditions of your peace bond you can be charged with the criminal offence breach of recognizance. Soungie 2003 abpc 121 canlii at para 5.
810 1 an information may be laid before a justice by or on behalf of any person who fears on reasonable grounds that another person will cause personal injury to him or her or to his or her spouse or common law partner or child or will damage his or her property. Section 810 also includes special rules for applicants who reasonably fear that another individual may commit an act of terrorism a sexual offence against the applicant or inflict serious personal injury to the applicant. 810 1 an information may be laid before a justice by or on behalf of any person who fears on reasonable grounds that another person a will cause personal injury to them or to their intimate partner or child or will damage their property.
Section 810 of the criminal code and its predecessor sections carry on the tradition of preventive justice. In these situations a person can obtain a peace bond against the defendant from the court. Being on a recognizance is like being on probation.
810 01 1 a person who fears on reasonable grounds that another person will commit an offence under section 423 1 or a criminal organization offence may with the attorney general s consent lay an information before a provincial court judge.