Section 810 of the Criminal Code provides that a judge may order a person to keep the peace and be of good behaviour for a period of up to 12 months. This type of order is called “810” because of the section of the Criminal Code from which it originates.
Requirements for an 810
The “810” can be ordered when one person fears another, even if no crime has been committed. It is a tool of preventive justice. To be ordered, the judge must be satisfied that a person is afraid that the other (1) will harm them or their family, (2) break things that belong to them, or (3) disseminate or share an intimate image. The burden of proof is that of the balance of probabilities. This means that the judge must be satisfied that it is more likely than not that the person making the complaint will have reasonable grounds to fear the defendant.
The “810” may also be subject to conditions that the judge believes are necessary to ensure the defendant’s good behaviour. For example, the person could be prohibited from communicating with certain people, going to certain places, possessing weapons or drinking alcohol. When the “810” and its conditions are not respected, the person can be charged with “breach of conditions”. If convicted, the offender faces a prison sentence ranging from 2 years less a day to 4 years, or a fine of up to $5000.
Replacement of a criminal prosecution
This type of order is sometimes used as an alternative to a criminal prosecution. The accused will then be acquitted, but will have to admit before a judge that the person who complained to the police was right to fear him.
Certain conditions must be met in order for a criminal charge to be replaced by an “810”.
First of all, the necessary conditions for an “810” must be met. Let us remember that an “810” can be ordered even in the absence of criminal charges. Second, when a criminal charge is to be replaced by an “810”, four other conditions must be met:
- The Criminal Code must allow for the application of an “810” depending on the context of the charges. Some charges cannot be replaced by an “810”;
- The evidence in the possession of the prosecutor must no longer be sufficient to support the criminal charge laid or it must no longer be appropriate to maintain the charge;
- The person who fears another must have received all the useful explanations about the judicial process, his or her participation in this process, the assistance and support services available, and must decide not to engage in the judicial process. In other words, the alleged victim must consent to the “810” replacing the criminal charges;
- The replacement of the charge with an “810” must be in the public interest and the proper administration of justice.
The application criteria and consequences of an “810” can be complex. If you’d like to see if an order is an option for you, our criminal lawyers are here to guide you.
Contact us today for a consultation.