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There are major differences between English law and Scots law with respect to dealing with breach of the peace; unlike England and Wales where criminal penalties apply to the behaviour leading to or liable to cause a breach of the peace, it is a specific criminal offence in Scotland which is prosecuted daily in the sheriff courts and due to its common law definition it can be applied to a ...
Magistrates form the view that a person ("the principal"), who might be a person of previously unblemished reputation, is likely to breach the peace or commit criminal offences. They require him to enter into a recognisance, in form of a voluntary covenant or agreement, to keep the peace , or to be of good behaviour, sometimes in a set sum (say ...
It reports both that "with the support of some leadership figures there are UDA members who have continued attempts to steer the group into positive community based activism", but that others are involved in criminal and violent behaviour, including "drug dealing, robbery, extortion, and the distribution of counterfeit and contraband goods".
In Canada, "peace, order and good government" (in French, "paix, ordre et bon gouvernement") is sometimes abbreviated as POGG and is often used to describe the principles upon which that country's Confederation took place. A similar phrase, "peace, welfare, and good government", had been used the Act of Union 1840 that created the Province of ...
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]
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".
The Crimes (Sentencing Procedure) Act states that a good behaviour bond under Section 9 replaces imprisonment even if it forms a valid option, but cannot exceed a term of 5 years. [5] Section 10 considers the "extenuating circumstances" of an offence, as well as the importance of expediency, and is exercised when determined that any other form ...
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 ...