Chapter 2 Flashcards
What is a Section 810 Peace Bond?
A court order that limits or prohibits contact between people
Also known as a ‘no contact order’ or ‘peace bond recognizance’.
Who can apply for a Section 810 Peace Bond?
A victim who believes someone is a threat to their safety or property.
What must the alleged victim prove for a Section 810 Peace Bond?
That the alleged facts occurred.
What can a peace bond include?
Conditions such as:
* Not contacting the victim
* Not carrying weapons
* Not attending certain places
What is a benefit of a Section 810 Peace Bond?
It is a non-criminal charge.
Do peace bonds usually result in a criminal record?
No.
How can someone request an 810 Peace Bond?
By going to the police station or courthouse and completing documents.
What is a Conditional Sentence Order (CSO)?
A jail sentence served in the community under certain conditions.
When is a CSO imposed?
When the sentence is less than two years and the offender hasn’t been convicted of a crime with a mandatory minimum jail term.
What are the mandatory conditions of a CSO?
Keeping the peace, being of good behavior, and appearing in court when required.
What are some optional conditions of a CSO?
Conditions such as:
* Abstaining from drugs or alcohol
* Providing samples to prove abstinence
* Movement restrictions
* Employment requirements
* Program requirements
Who supervises offenders on CSOs?
Probation and parole officers.
What can happen if an offender breaches a CSO?
The judge can:
* Change some conditions
* Suspend the CSO and send the offender to jail
What is a warrant in the first instance?
An arrest warrant issued when someone has been charged with a crime but not yet arrested.
When is a warrant in the first instance issued?
When police have charged someone but can’t find them or if the defendant refuses to turn themselves in.
What does a warrant in the first instance allow police to do?
To take the accused into custody to face the charges.
How long do arrest warrants in Canada last?
They never expire until executed or rescinded by a judge.
What does WASH stand for?
Weekend and Statutory Holiday.
What is the purpose of WASH Court?
To handle criminal cases on weekends and holidays.
Who is present at WASH court?
A Crown prosecutor, court officer, clerk, reporter, duty counsel, and a justice of the peace.
What is required by the Criminal Code regarding bail hearings?
Someone held for bail must be brought before a justice ‘without unreasonable delay’ within 24 hours.
How can someone find out if there’s a warrant for them?
By visiting a police station, contacting the criminal court, or checking with their lawyer.
What concerns do people have about turning themselves in on a Friday night?
Fear that if they don’t make bail, their case will be remanded to Monday.
