Fact-checked by Grok 2 weeks ago

Binding over

Binding over is a longstanding legal mechanism in England and Wales whereby a criminal court requires an individual to formally promise—through a recognizance—to keep the peace or maintain good behaviour for a fixed period, usually not exceeding 12 months, as a means to address minor public order issues without imposing a criminal conviction.^[1]^[2] This procedure serves as a preventive measure, compelling the person to enter into a bond with a specified financial sum that may be forfeited if the conditions are breached, thereby encouraging compliance without the need for more severe sanctions.^[1]^[3] The power to bind over traces its origins to the Justices of the Peace Act 1361, which granted justices authority to require sureties for good behaviour from those likely to disturb the peace, such as rioters or barrators, consolidating early mechanisms of social control in medieval England.^[4]^[5] Over centuries, this common law tool evolved, with statutory refinements like the Magistrates' Courts (Appeals From Binding Over Orders) Act 1956 establishing a right of appeal to the Crown Court for those subjected to such orders, ensuring procedural fairness.^[5] Today, both magistrates' courts and the Crown Court may impose a binding over order either on a formal complaint from another party or on the court's own initiative during proceedings, often in cases involving low-level disturbances like affrays or threats without sufficient evidence for prosecution.^[3]^[6] Unlike punitive sentences, a binding over does not constitute a criminal conviction and is considered a rehabilitated "other order" under the Rehabilitation of Offenders Act 1974, meaning it generally does not appear on standard criminal records checks after the order expires.^[7] However, breach of the order—such as reoffending within the specified period—triggers enforcement, potentially leading to the forfeiture of the recognizance sum or, in serious cases, a separate charge of contempt of court punishable by imprisonment.^[1]^[8] This flexibility makes binding over a valuable, underutilized option in modern sentencing, balancing deterrence with leniency for first-time or minor offenders.^[3]

Overview

Definition

Binding over is a common law power exercised by courts in England and Wales, enabling a judge or magistrate to require an individual to enter into a recognisance—a formal bond or undertaking—to keep the peace, be of good behaviour, or refrain from specific conduct, as a means of preventing potential breaches of public order without imposing a criminal conviction or punishment.^[9]^[10] This preventive measure serves as an alternative to formal sentencing in low-level cases, focusing on averting future misconduct rather than addressing past actions through punitive means.^[11]^[10] The core components of a binding over order include the recognisance, typically set at a monetary sum such as £50 to £500 that is forfeited to the Crown if the conditions are breached; optional sureties, whereby third parties provide additional financial guarantees (e.g., £50 each) to support the individual's compliance; and a defined duration, usually ranging from 6 to 12 months but extendable up to three years at the court's discretion.^[10] The order requires the individual's consent and is imposed following a hearing where the court determines there is sufficient evidence of a risk to public order.^[9] Unlike criminal sanctions such as fines or imprisonment, binding over operates in a civil-like manner, carrying no criminal record implications and emphasizing the maintenance of social harmony through personal accountability.^[11]^[10] Breach of the order may lead to estreatment (forfeiture) of the recognisance. Serious breaches may also be treated as contempt of court, punishable by imprisonment, but it does not retroactively create a conviction.^[9]

Purpose and Scope

Binding over serves as a preventive judicial measure in English law, primarily aimed at averting breaches of the peace and forestalling future criminal conduct by requiring individuals to enter into a recognisance—a formal undertaking secured by a monetary sum—to maintain good behavior or avoid specific actions for a defined period, typically up to 12 months.^[12] This mechanism addresses low-level public order concerns, such as neighbor disputes, threats of violence, or minor disturbances, by promoting reconciliation and compliance without the need for a full criminal conviction or prosecution.^[13] Its core objective is to safeguard public safety and order proactively, rather than punishing past actions, thereby diverting cases from more formal criminal processes.^[14] The scope of binding over extends to a variety of situations involving apprehended risks of disorder, applicable in both magistrates' courts and the Crown Court, and not restricted to adults—it may involve parents or guardians in youth-related matters.^[13] Orders can be imposed pre-conviction, often on a complaint from police or affected parties where evidence shows a real risk of violence or breach, or post-conviction as an alternative to harsher sentences like fines or custody.^[12] Courts exercise discretion to ensure the order is necessary and proportionate, requiring the individual's consent and clear explanation of conditions, with refusal potentially leading to short-term detention.^[15] Among its benefits, binding over enhances judicial efficiency by alleviating court burdens through swift resolution of minor issues, avoiding protracted trials, and fostering rehabilitation by encouraging voluntary adherence to peaceable conduct.^[14] It supports restorative outcomes in community disputes, reducing recidivism risks without stigmatizing individuals via a criminal record, provided the recognisance terms are reasonable and tied to the identified threat.^[13]

Historical Development

Origins in Common Law

The practice of binding over individuals to keep the peace traces its roots to Anglo-Saxon England, where mechanisms for ensuring social order relied on communal pledges and sureties rather than formal trials. In the laws of King Edgar around 960 AD, the frith-borg system required freemen to provide pledges or sureties (borh) to guarantee their adherence to the peace, with these obligations reviewed annually in local hundred courts to prevent breaches of order.^[16] This evolved into the tithing system, grouping ten to twelve freemen into mutual responsibility units, where members were collectively liable for any member's misconduct, such as affrays or disturbances, under the dooms of kings from Æthelred to Cnut (c. 1000–1030 AD).^[17] These arrangements emphasized preventive justice through oaths and group accountability, drawing on the king's personal peace (grith or mund) to protect individuals and communities from violence.^[16] Following the Norman Conquest in 1066, these Anglo-Saxon traditions were adapted into the frankpledge system, making tithing membership compulsory for all freemen over age twelve and institutionalizing sureties as a tool of royal authority to maintain feudal order. William I and his successors expanded the king's peace across the realm, using conservators of the peace—local knights and sheriffs appointed by royal proclamation, such as in 1195—to compel oaths and sureties from suspected troublemakers, thereby averting riots or affrays without immediate prosecution.^[17] In manorial courts and the sheriff's tourn, lords and royal officers bound individuals over with recognizances, often requiring multiple guarantors, to ensure good behavior and social stability during a period of feudal tensions.^[16] This royal prerogative, rooted in the crown's monopoly on peacekeeping, frequently tied binding over to conditional pardons for minor offenses, allowing offenders to avoid harsher penalties by pledging future compliance.^[17] By the early 14th century, these common law powers influenced the formal role of justices of the peace, who began using inherited authority to bind individuals preemptively for potential breaches, as seen in efforts to quell local disorders amid rising crime noted in the Statute of Winchester (1285).^[17] Early examples from feudal records illustrate its application in maintaining order, such as compelling sureties from feuding families in hundred courts to prevent escalations into broader riots.^[16] These practices, as later summarized by William Blackstone, formed the preventive core of English common law, predating statutory codification and emphasizing oaths over punitive measures.^[16]

Key Statutory Developments

The foundational statute for binding over powers in England and Wales is the Justices of the Peace Act 1361, which empowered justices of the peace in each county to inquire into disturbances, arrest offenders, and require sureties of the peace to prevent breaches thereof.^[4] This act formalized the authority to bind individuals over to keep the peace or be of good behaviour, marking the transition from purely common law practices to a statutory framework for preventive justice.^[4] During the 19th and 20th centuries, binding over evolved through incremental statutory incorporation into summary trial procedures, reflecting broader reforms in magistrates' courts to handle minor public order matters efficiently.^[18] A significant reform came with the Summary Jurisdiction Act 1879, which updated the procedure for binding over by requiring notice to the defendant and ending ex parte orders, thereby enhancing procedural fairness.^[19] Key developments included the Justices of the Peace Act 1949, which modernized procedural aspects of justices' roles, and culminated in the Magistrates' Courts Act 1980, which consolidated prior enactments and explicitly provided in section 115 for courts to bind over individuals on complaint to keep the peace or be of good behaviour, with non-compliance punishable by up to six months' imprisonment.^[9] This act integrated binding over into the standard jurisdiction and practice of magistrates' courts, ensuring procedural safeguards such as the requirement for sworn evidence before imposition.^[9] More recent statutory updates have expanded binding over's application, particularly in youth justice contexts. The Powers of Criminal Courts (Sentencing) Act 2000, in section 150, authorized courts post-conviction to bind over parents or guardians of young offenders to secure proper care and control, including compliance with community sentences, thereby extending preventive measures beyond the offender themselves.^[20] This was further refined in the Sentencing Act 2020, where section 376 mandates or enables courts to impose such bind-overs on parents of offenders under 18, with a maximum recognizance of £1,000 for up to three years, and requires explanation if not applied to those under 16 when desirable to prevent reoffending.^[21] These developments collectively shifted binding over from a discretionary common law tool to a structured statutory mechanism, preserving its preventive essence while embedding it within codified sentencing procedures to enhance consistency and accountability in lower courts.^[18]

Procedure in England and Wales

Grounds for Binding Over

Binding over orders in England and Wales are imposed on the basis of a reasonable apprehension that the individual will commit a breach of the peace, cause harm to persons or property, or continue offending behavior that threatens public order.^[9] This evidentiary basis typically arises from a formal complaint by an affected party or direct observation by the court during proceedings, where evidence such as witness statements, prior incidents, or threats demonstrates the risk without requiring proof of an actual offense.^[22] The grounds for binding over fall into two primary types: preventive and post-offense. Preventive grounds apply where no offense has yet been committed but there is a credible risk of future harm, such as in cases involving verbal threats or escalating disputes that could lead to violence; here, the order serves to avert potential breaches without a formal criminal charge.^[23] In contrast, post-offense grounds are invoked following a minor conviction, such as for a public order violation under section 5 of the Public Order Act 1986, where the court seeks to prevent recurrence by requiring the offender to keep the peace or maintain good behavior. These distinctions ensure the order addresses both imminent threats and patterns of low-level disruption. The burden of proof for imposing a binding over order is on the balance of probabilities, a lower threshold than the criminal standard of beyond reasonable doubt, reflecting its civil nature as a preventive measure rather than a punishment.^[22] In preventive cases, no formal criminal charge or conviction is necessary, allowing magistrates to act on civil complaints to maintain order proactively, provided the court is satisfied that the risk is real and proportionate to the order's imposition.^[23]

Court Process and Imposition

The process for initiating a binding over order in England and Wales typically begins with the laying of an information or complaint before a magistrates' court, alleging that a person has, or is likely to, breach the peace or engage in conduct causing or likely to cause fear of violence.^[9] This can occur independently or during ongoing criminal proceedings, where the court may exercise its common law power to bind over a defendant as an alternative to conviction or sentencing.^[10] Upon receipt of the complaint, the court issues a summons requiring the defendant to appear, or, if there is reason to believe the person will not attend or poses a risk, a warrant for arrest may be issued. At the hearing, the defendant must be present, and the proceedings are generally held in open court unless exceptional circumstances justify a private hearing.^[24] The complainant presents evidence, which the court assesses to determine if the grounds for binding over are met, such as a reasonable apprehension of breach of the peace; the standard of proof is the balance of probabilities.^[24] The defendant has the right to legal representation, including access to legal aid where eligible, and may cross-examine witnesses or provide their own evidence. If the grounds are established, the court imposes the order by requiring the defendant to enter into a recognisance—a personal undertaking secured by a monetary sum, determined with regard to the person's financial circumstances—with or without sureties from third parties to guarantee compliance.^[9] The court must explain the order's terms, duration, and consequences in clear language, and provide a written copy.^[24] Enforcement of a binding over order occurs if the bound person breaches its terms, such as by committing an act contrary to keeping the peace.^[9] A complaint is laid before the magistrates' court, leading to a summons for the person to appear; failure to attend may result in a warrant. At the enforcement hearing, evidence of the breach is considered on the balance of probabilities, and if proved, the court may forfeit the recognisance, ordering payment of the sum, and commit the person to custody for up to six months or until compliance.^[9] A person bound over by a magistrates' court may appeal to the Crown Court under the Magistrates' Courts (Appeals from Binding Over Orders) Act 1956. Appeals from the Crown Court lie to the Court of Appeal. Judicial review may also be sought in the High Court for errors of law, procedural unfairness, or irrationality.^[25]^[5] Binding over orders typically last up to 12 months, as stipulated by the Criminal Procedure Rules.^[24] The duration can be varied or the order discharged early upon application to the magistrates' court by the bound person or a surety, after giving notice to other relevant parties and considering any representations.^[26]

Applications and Examples

Use in Minor Offences

Binding over orders are frequently imposed in magistrates' courts to address low-level public order issues, such as neighbor disputes involving verbal altercations or minor property damage, where there is a risk of escalation but insufficient evidence for a full criminal charge. These orders are also applied in cases of minor assaults without injury, persistent harassment causing alarm or distress under section 5 of the Public Order Act 1986, and instances of anti-social behavior like noise complaints or low-level intimidation that do not involve serious harm. In such scenarios, the court uses binding over as a preventive measure to require the individual to maintain good behavior or keep the peace for a specified period, often up to 12 months, thereby resolving the matter without formal conviction.^[27]^[28] The practical advantages of binding over in these minor cases include its role as a swift alternative to prosecution, allowing for resolution during the initial court appearance without the need for extended trials. Unlike a conviction, a binding over order does not create a criminal record that appears on standard Disclosure and Barring Service (DBS) checks after the order expires, minimizing long-term consequences for the individual while still providing deterrence through the risk of forfeiting a financial recognizance if breached. This approach is particularly cost-effective for the judicial system, as it reduces administrative burdens and court time compared to handling summary offences through full hearings.^[7]^[18] Statistically, binding over has been a common disposal in magistrates' courts for summary offences under the Public Order Act 1986, which covers much of the low-level disruptive conduct addressed by these orders. A 1984 government report estimated around 34,000 such orders issued annually across England and Wales, underscoring its historical frequency in managing everyday disputes and minor disturbances efficiently. While exact contemporary figures are not separately tracked in national criminal justice statistics, the order remains available as a flexible tool in magistrates' proceedings for these types of cases.^[18]^[27]

Binding Over Parents or Guardians

In the United Kingdom, courts in England and Wales may impose a binding over order on the parent or guardian of a young offender under section 376 of the Sentencing Act 2020, where a person aged under 18 is convicted of an offence other than homicide.^[21] This provision empowers the court, with the consent of the parent or guardian, to require them to enter into a recognisance to take proper care of the offender and exercise proper control over them, aimed at ensuring adequate supervision to prevent further offending.^[21] If consent is unreasonably refused, the court may impose a fine of up to £1,000 on the parent or guardian instead.^[21] The recognisance typically requires the parent or guardian to maintain good behaviour and supervision of the child, with the amount not exceeding £1,000 and determined based on their financial means.^[21] For offenders aged under 16, the court has a statutory duty to impose such an order if it considers it desirable in the interests of preventing the commission of further offences by the child, or to state in open court why it is not imposing one.^[29] The duration of the order is limited to a maximum of three years or until the offender reaches 18, whichever is sooner, and it cannot be combined with certain other orders, such as referral orders.^[21] This measure applies specifically to youth offenders and is often considered alongside the young person's sentence to reinforce family involvement in rehabilitation.^[30] The rationale for binding over parents or guardians is to promote parental responsibility and address perceived shortcomings in supervision that may contribute to juvenile delinquency, thereby reducing the likelihood of reoffending through enhanced home control and guidance.^[29] Such orders are commonly used in cases involving truancy, minor theft, or other low-level delinquent behaviour among under-18s, where the court seeks to encourage proactive parental intervention without escalating to more punitive measures.^[29] If the parent or guardian breaches the recognisance, the court may declare the sum forfeited, potentially leading to enforcement actions such as a fine or, in serious cases, imprisonment under the Magistrates' Courts Act 1980.^[21]

International Variations

Hong Kong

In Hong Kong, binding over is inherited from English common law and serves as a preventive measure to maintain public order, codified primarily in section 61 of the Magistrates Ordinance (Cap. 227), which empowers magistrates to require a person to enter into a recognizance with or without sureties to keep the peace or be of good behaviour upon a complaint.^[31] This authority is also extended to judges and District Judges under section 109I of the Criminal Procedure Ordinance (Cap. 221), allowing binding over as an ancillary power in cases before the court. The practice aligns with Hong Kong's common law tradition, adapted post-1997 handover to emphasize rehabilitation and deterrence without formal conviction.^[32] The procedure mirrors that in the United Kingdom, where a person admits the alleged wrongdoing, and the court assesses the risk of future breaches of the peace before imposing the order, often in lieu of prosecution for minor matters.^[33] Durations typically range from a few months to up to two years, determined by the magistrate based on the circumstances, with the recognizance amount varying but commonly around HK$3,000; breach can result in forfeiture and up to six months' imprisonment.^[34] It is frequently applied to first-time offenders in minor offenses, such as shop theft or simple possession of drugs, to avoid full criminal records while ensuring compliance.^[32] Department of Justice guidelines, particularly since the 1997 handover, underscore its role in preventive justice, evaluating factors like public interest, offender background, and victim input to promote rehabilitation over punishment.^[34]

Australia and Other Commonwealth Countries

In Australia, binding over practices are implemented through state-specific legislation, often as recognisances to keep the peace or be of good behaviour, drawing from common law traditions but adapted to local contexts such as family violence and neighbor disputes. In Queensland, these powers are codified under the Peace and Good Behaviour Act 1982 (Qld), which empowers magistrates to require an individual to enter into a bond upon a complaint of apprehended violence or property damage, with breaches punishable by up to one year's imprisonment or a fine of up to 100 penalty units ($16,690 as of 1 July 2025).^[35]^[36] This mechanism is akin to good behaviour bonds and is applied in non-domestic scenarios like neighbor conflicts or stalking, though it has been largely supplanted by the Domestic and Family Violence Protection Act 2012 (Qld) for intimate partner cases, with around 450 matters handled annually in magistrates' courts as of the early 2000s.^[37] Similarly, in Western Australia, sections 172 to 174 of the Justices Act 1902 (WA) allow justices to issue orders restraining provocative behaviour likely to breach the peace, based on complaints from affected parties or police, with enforcement through arrest without warrant and penalties of up to six months' imprisonment for breaches.^[38] These orders integrate with modern restraining provisions, such as those under the Restraining Orders Act 1997 (WA), emphasizing preventive measures without requiring a criminal conviction. In Canada, binding over has evolved into peace bonds under section 810 of the Criminal Code (RSC 1985, c C-46), which permits a justice to impose a recognizance on any person reasonably feared to cause personal injury, property damage, or a breach of the peace, lasting up to 12 months and including conditions like no-contact provisions.^[39] This preventive tool applies prospectively without a conviction, often in cases of apprehended domestic harm or threats, and is initiated by information laid before a justice by or on behalf of the concerned individual, with breaches constituting an indictable offence punishable by up to two years' imprisonment.^[40] Peace bonds serve as an alternative to charges, promoting de-escalation in post-colonial legal systems while aligning with broader protective orders. Other Commonwealth nations exhibit similar adaptations rooted in preventive justice. In New Zealand, recognisances to keep the peace are provided under sections 186 to 191 of the Summary Proceedings Act 1957, allowing courts to require bonds upon application if a breach of peace is apprehended, with imprisonment possible for non-compliance until sureties are found or the order expires. These are used in community disputes, echoing English origins but integrated with the Bail Act 2000 for conditional releases. In India, section 107 of the Code of Criminal Procedure, 1973, enables executive magistrates to demand security bonds for keeping the peace when a person is likely to commit a breach or disturb public tranquility, typically for up to one year (extendable to three), without conviction and focused on maintaining order in diverse social contexts. Across these jurisdictions, durations are often shorter than in England—capped at 12 months in Canada and New Zealand—and frequently combined with contemporary restraining or protection orders to address evolving needs like family violence prevention.^[39]

Differences from Other Orders

Binding over differs from a conditional discharge primarily in its timing, requirements, and nature. A conditional discharge is a post-conviction sentence under section 80 of the Sentencing Act 2020, whereby no immediate punishment is imposed if the offender commits no further offence during a specified period of up to three years, with breach allowing the court to sentence for the original offence without additional financial obligations or supervision. In contrast, binding over can be imposed pre-conviction as an alternative to prosecution, exercising the court's inherent powers to prevent apprehended breaches of the peace, and requires the individual to enter a recognisance—often backed by sureties—to keep the peace or be of good behaviour, creating a financial tie that forfeits upon breach and may lead to imprisonment or fine.^[11] Compared to anti-social behaviour orders (ASBOs), which were introduced under the Crime and Disorder Act 1998 and largely replaced by civil injunctions via the Anti-social Behaviour, Crime and Policing Act 2014, binding over represents a more straightforward criminal court mechanism without initiating a parallel civil procedure or requiring the lower civil standard of proof. ASBOs and civil injunctions enable broad, tailored prohibitions and positive requirements to address harassment, alarm, or distress, with breaches punishable as contempt or criminal offences, whereas binding over is simpler, court-imposed in criminal proceedings, and narrowly targets peace-keeping without such expansive restrictions.^[41]^[42] Internationally, binding over resembles peace bonds—preventive recognizances used in common law jurisdictions like Canada to ensure good behaviour—but is distinctly rooted in the inherent jurisdiction of English courts under the Justices of the Peace Act 1361 and common law, allowing flexible application without the fixed statutory conditions or procedural mandates (such as sworn informations) that often characterize statutory peace bonds elsewhere.^[43]^[40]

Criticisms and Reforms

Binding over orders have faced criticism for their potential misuse in targeting vulnerable groups, particularly protesters engaging in non-violent activism. In the landmark case of Hashman and Harrup v. the United Kingdom (2000), the European Court of Human Rights ruled that a binding over order imposed on two hunt saboteurs for disturbing a hunt was unacceptably vague, as the requirement to maintain "good behaviour" lacked foreseeability and violated Article 10 of the ECHR by unduly restricting freedom of expression.^[23] The Court also determined that such orders constitute a "criminal charge" under Article 6 of the ECHR, necessitating fair trial safeguards, yet the broad discretionary nature of the power often falls short of these standards.^[23] Further concerns include the limited appeal mechanisms available, which historically provided insufficient opportunities for individuals to contest the imposition or terms of an order, potentially undermining procedural fairness.^[44] These issues highlight how the common law origins of binding over render it outdated in a human rights framework, where preventive justice must align with ECHR principles of legality and proportionality.^[23] Reform efforts have sought to address these limitations. The 1994 Home Office report Binding Over (Cm 2439) recommended codifying the power to enhance clarity, limit judicial discretion, and incorporate procedural protections, including rights to representation and appeal.^[18] Partial implementation followed, notably through a 2007 Practice Direction issued by the President of the Queen's Bench Division, which mandates that courts afford the subject of the order and the prosecutor an opportunity to be heard before imposition, thereby bolstering Article 6 compliance.^[45] Integration with broader youth justice reforms occurred via the Sentencing Act 2020, which codified binding over provisions for parents or guardians of young offenders (sections 376–378), aiming to promote accountability while aligning with rehabilitative goals. The Lammy Review (2017) further prompted calls for ethnic disparity audits in sentencing practices, including binding over, to scrutinize and mitigate racial biases in their application across the criminal justice system.^[46] Today, binding over endures as a discretionary tool for minor public order matters but faces ongoing scrutiny, with emphasis shifting toward alternatives like community resolutions to reduce criminalization of low-level issues.^[47] No comprehensive abolition has been proposed, though enhanced guidance promotes its use only where proportionate and necessary.^[45]

References

[1]
Bind Overs - Defence-Barrister.co.uk
Binding Over to Keep the Peace or to Come Up for Judgment. All Contents > Sentencing Home > Pleading Guilty > Magistrates' Court Trial > Crown Court Trial ...
[2]
What does Binding over mean ? | Legal Choices dictionary
Definition of Binding over. legal term - An order by a court in a criminal case. If someone has misbehaved or broken the peace, magistrates can bind them ...
[3]
[PDF] Bind Overs – under-estimated and under-used - 25 Bedford Row
Apr 20, 2015 · Both the magistrates' and crown court have the power to bind over a person to keep the peace arise either on complaint or of the court's own ...
[4]
Justices of the Peace Act 1361 - Legislation.gov.uk
Who shall be Justices of the Peace.Their Jurisdiction over Offenders; Rioters; Barrators; They may take Surety for good Behaviour.
[5]
Magistrates' Courts (Appeals From Binding Over Orders) Act 1956
Changes to legislation: There are currently no known outstanding effects for the Magistrates' Courts (Appeals From Binding Over Orders) Act 1956.
[6]
House of Commons - Home Affairs - Third Report - Parliament UK
Magistrates may bind a person over to keep the peace and/or be of good behaviour. ... bind over, allowing the defendant to make representations. Before ...
[7]
Guidance on the Rehabilitation of Offenders Act 1974 and ... - GOV.UK
Oct 28, 2023 · Examples include conditional discharge orders, restraining orders, hospital orders, bind overs, referral orders and care orders. For instance, a ...
[8]
Bind over - Oxford Reference
... keep the peace or be of good behaviour or by the Crown Court directing the person to come up for judgment. A bind over to keep the peace or be of good ...Missing: UK | Show results with:UK
[9]
Magistrates’ Courts Act 1980
### Summary of Section 115: Binding over to keep the peace or be of good behaviour
[10]
[PDF] The Crown Court Compendium: Part II Sentencing
Binding Over ... recognisance to come up for judgment and sentence in the event of breach of the condition specified in the order. (usually to leave the ...
[11]
Grounds for refusal: criminality (accessible) - GOV.UK
Jan 18, 2024 · Binding over. Binding over is a power exercised by a court as an alternative to prosecution for a criminal offence. It generally involves an ...
[12]
[PDF] Criminal Practice Directions 2023 - Courts and Tribunals Judiciary
CPD VI 24A Role of the justices' clerk/legal advisor f. CPD VII J Bind over orders and conditional discharges g. CPD XI 48A Contempt in the face of the ...
[13]
https://www.sentencingcouncil.org.uk/media/ityhhcre/sept-2015-mcsg-pdf1.pdf
[14]
[PDF] Adult Court Bench Book (April 2020)
Apr 14, 2020 · court must consider making in respect of youths: parental bind over and parenting order. (See Ancillary orders in Section 1 of this bench book ...
[15]
[PDF] ANCILLARY ORDERS - SENTENCING EXPLAINED
Bind Over to Keep the Peace or Be of Good Behaviour. • Suitability and Test: This can be imposed on complaint of any person either with or without being ...
[16]
[PDF] The Queen's Peace - Exeter Law School
The origin of sureties of the peace is uncertain—it may be traceable, as Blackstone somewhat hesita- tingly suggests, to Anglo-Saxon institutions, or it may.
[17]
[PDF] A HISTORY OF THE COMMON LAW PEACE BONDS
Grunis, A.D. “Binding Over to Keep the Peace and Be of Good Behavior in. England and Canada”. Journal of Public Law. Spring, 1976. 2. Hunter, R.C. “Common ...<|control11|><|separator|>
[18]
[PDF] Binding over CM 2439 - GOV.UK
A common law binding over counts as a sentence and ranks as a penalty, and if a defendant breaks one of its conditions, he or she will be brought back to court ...
[19]
Section 150 - Powers of Criminal Courts (Sentencing) Act 2000
An Act to consolidate certain enactments relating to the powers of courts to deal with offenders and defaulters and to the treatment of such persons, ...
[20]
Sentencing Act 2020
### Summary of Section 376, Sentencing Act 2020: Binding Over of Parent or Guardian
[21]
Binding over: report by the Law Commission - GOV.UK
Feb 16, 1994 · This document contains the following information: Binding over: report on a reference under section 3 (1) (e) of the Law Commissions Act 1965.Missing: grounds | Show results with:grounds
[22]
HASHMAN AND HARRUP v. THE UNITED KINGDOM - HUDOC
(g) That the power to bind over 'to keep the peace and be of good behaviour' was wider than the power of arrest and could be exercised whenever it was ...
[23]
31.10. - The Criminal Procedure Rules 2020 (revoked)
The Criminal Procedure Rules 2020 (revoked), Section 31.10 is up to date with all changes known to be in force on or before 28 October 2025. There are changes ...
[24]
[PDF] The Administrative Court Judicial Review Guide 2024
It covers all the stages of a claim for judicial review. Good practice is identified and pitfalls foreshadowed.
[25]
Magistrates’ Courts Act 1980
No readable text found in the HTML.<|separator|>
[26]
Public Order Offences incorporating the Charging Standard
Obstructing Emergency Workers. Causing Nuisance or Disturbance on NHS Premises. Alternative Disposal - Bind Over. Evidential Considerations.
[27]
[PDF] Domestic Violence - A Guide to Civil Remedies and Criminal ...
from Harassment Act of either harassment or putting someone in fear of violence. ... Most relatively minor offences (for example common assault and being ...
[28]
Sentencing children and young people
3.4 A court cannot make a bind over alongside a referral order. If the court ... extend the length of the referral order up to a maximum of 12 months (in total); ...
[29]
Binding Over Parents and Guardians | Youth Justice Legal Centre
Binding Over Parents and Guardians · A parent or guardian can be given a bind over after their child has been found guilty of any offence. · A parental bind over ...<|control11|><|separator|>
[30]
https://yjlc.uk/resources/legal-terms-z/binding-over-parents-and-guardians
[31]
[PDF] TO BIND OVER, OR NOT? - Department of Justice
Any defendant who feels his prosecution should be disposed of by a binding over arrangement has the right to make representations to that effect. Thousands ...
[32]
O.N.E. Bind-Over – Making Effective Written Representations to the ...
Jun 1, 2020 · The bind-over procedure is a preventive measure whereby the court adjudges a person to enter into a recognisance and find sureties to be of good behaviour.
[33]
Publications - Prosecution - Review and Discontinuation
Nov 29, 2023 · Bind Over Orders · whether the public interest requires the prosecution to proceed; · whether the consequences to the offender would be out of all ...
[34]
https://www.doj.gov.hk/en/publications/prosecution_ch10.html
[35]
[PDF] A REVIEW OF THE PEACE AND GOOD BEHAVIOUR ACT 1982
Mar 1, 2005 · It has been suggested that, initially, justices of the peace had two separate powers - a common law power to bind over to keep the peace a.
[36]
None
Below is a merged summary of the provisions related to binding over, recognisances for peace, or good behaviour under the *Justices Act 1902* (Western Australia), consolidating all information from the provided segments into a single, detailed response. To maximize density and clarity, I will use a table in CSV format where appropriate to organize the sections, their details, and related forms, followed by additional narrative details and useful URLs.
[37]
Criminal Code ( RSC , 1985, c. C-46) - Department of Justice Canada
Jun 4, 2025 · Criminal Code ( R.S.C. , 1985, c. C-46) · 810 (1) An information may be laid before a justice by or on behalf of any person who fears on ...
[38]
Peace Bonds Fact Sheet - Victims - Department of Justice Canada
Jul 7, 2021 · A peace bond is a protection order made by a court under section 810 of the Criminal Code. It is used where an individual (the defendant) appears likely to ...
[39]
Punishments for antisocial behaviour - GOV.UK
Civil injunctions, CPNs and CBOs replaced Antisocial Behaviour Orders ( ASBOs ) in England, Wales and Northern Ireland. ASBOs are still used in Scotland.Missing: binding differences
[40]
[PDF] A Guide to Anti-Social Behaviour Orders and Acceptable ... - GOV.UK
The powers to impose ASBOs were strengthened and extended by the Police. Reform Act 2002, which introduced orders made on conviction in criminal proceedings, ...
[41]
Peace Bonds - Criminal Law Notebook
A common law peace bond only requires a reasonable apprehension that there will be a "breach of the peace." the penalties are different. The Criminal Code ...Missing: binding | Show results with:binding
[42]
Joint Committee on Human Rights - Thirty-First Report - Parliament UK
... binding over order." The Practice Direction further states that "The court should give the individual who would be subject to the order and the prosecutor ...
[43]
[PDF] Criminal Practice Direction Amendment No 6 Consolidated
which power it is acting under; in the Crown Court, this is a common law power. ... J.17 If the Crown Court is considering binding over an individual to come up ...
[44]
[PDF] Government Response to the Lammy Review on the treatment of ...
The Lammy. Review and our response to it will build on the work already going on in the criminal justice system. It will promote better understanding and ...
[45]
Out of Court Resolutions | The Crown Prosecution Service
Jul 22, 2025 · Where there is sufficient evidence, a prosecution will usually take place unless the prosecutor is satisfied that there are public interest ...Missing: grounds | Show results with:grounds