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Peace bonds, or "sureties for good behavior", appear to have been in common use in the early history of the United States. [8] Many states still retain statutes that provide for the issuance of peace bonds, but they are infrequently invoked. [9] The constitutionality of existing peace bond statutes is questionable. [citation needed]
In Queensland, the relevant act for good behaviour bonds is the Penalties and Sentences Act 1992 (Qld). [6] Section 19(1)(b) states that "The court may make an order that the offender be released...on the conditions that the offender must be of good behaviour and appear for conviction and sentence if called on at any time during such period". [7]
The origins of the binding-over power are rooted in (1) the takings of sureties of the peace, which "emerged from the peace-keeping arrangements of Anglo-Saxon law, extended by the use of the royal prerogative and royal writs" and (2) the separate device of sureties of good behaviour, which originated as a type of conditional pardon given by ...
The Justices of the Peace Act 1361 permitted a justice of the peace to bind over people who disturbed the peace to provide recognisance to ensure their future good conduct. [9] [3] A breach of the peace can occur at any place, including private houses. The modern definition of a breach of the peace is: There is a Breach of the Peace when,
The title justice of the peace derives from 1361, [3] in the reign of Edward III. The "peace" to be guarded is the sovereign's, the maintenance of which is the duty of the Crown under the royal prerogative. Justices of the peace still use the power conferred or re-conferred on them since 1361 to bind over unruly persons "to be of good behaviour ...
An Act of 1327 had referred to "good and lawful men" to be appointed in every county in the land to "guard the Peace". Justices of the peace still retain (and occasionally use) the power confirmed to them by the Justices of the Peace Act 1361 to bind over unruly persons "to be of good behaviour".
In England, Wales and Northern Ireland, breach of the peace is descended from the Justices of the Peace Act 1361, [4] which refers to riotous and barratous behaviour that disturbs the peace of the King. More modern authority defines a breach of the peace as "when a person reasonably believes harm will be caused, or is likely to be caused, to a ...
In criminology, public-order crime is defined by Siegel (2004) as "crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e., it is behaviour that has been labelled criminal because it is contrary to shared norms, social values, and customs.