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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 ...
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]
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]
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 ...
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 ...
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".
Scots criminal law relies far more heavily on common law than in England and Wales.Scottish criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious mischief, and public order offences including mobbing and breach of the peace.
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. Robertson (1989:123) maintains a ...