Binding over: Difference between revisions
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In the [[law of England and Wales]] and in other common law jurisdictions such as [[Hong Kong]], '''binding over''', a '''binding over order''', and '''binding over for sentence''' are exercises of certain powers by [[magistrates]].{{Dubious|date=may 2018}} A person who is bound over can be required to refrain from certain activities for a stipulated period, to be of good behaviour or to comply with other conditions. When binding a person over, the magistrate will usually stipulate a conditional financial penalty or fine to be paid if the person later breaches the binding over order.<ref>{{cite web|url=http://www.cps.gov.uk/legal/a_to_c/binding_over_orders/|title=Binding Over Orders: Legal Guidance: The Crown Prosecution Service|publisher=}}</ref> If the person breaches the conditions, he or she can be arrested and brought to court or otherwise compelled to return to court where the magistrate may impose the stipulated financial penalty or otherwise dispose of the case. |
In the [[law of England and Wales]] and in other common law jurisdictions such as [[Hong Kong]], '''binding over''', a '''binding over order''', and '''binding over for sentence''' are exercises of certain powers by [[magistrates]].{{Dubious|date=may 2018}} A person who is bound over can be required to refrain from certain activities for a stipulated period, to be of good behaviour or to comply with other conditions. When binding a person over, the magistrate will usually stipulate a conditional financial penalty or fine to be paid if the person later breaches the binding over order.<ref>{{cite web|url=http://www.cps.gov.uk/legal/a_to_c/binding_over_orders/|title=Binding Over Orders: Legal Guidance: The Crown Prosecution Service|publisher=}}</ref> If the person breaches the conditions, he or she can be arrested and brought to court or otherwise compelled to return to court where the magistrate may impose the stipulated financial penalty or otherwise dispose of the case. |
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Magistrates can bind over a person to be of good behaviour or to keep the [[Queen's peace|peace]],{{Dubious|date= |
Magistrates can bind over a person to be of good behaviour or to keep the [[Queen's peace|peace]],{{Dubious|date=May 2018}} any person, such as a [[defendant]], [[witness]] or [[claimant]].<ref name="34Edw3">{{cite web|url=http://www.legislation.gov.uk/aep/Edw3/34/1|title=Justices of the Peace Act 1361|publisher=[[The National Archives (United Kingdom)|The National Archives]]|accessdate=3 August 2011}}</ref> This may happen where the case involves violence or the threat of it.{{Dubious|date=May 2018}} Sometimes the [[prosecution]] will drop such a charge if the defendant agrees to be bound over in this way. No [[conviction]] will be recorded if the matter is settled via a binding over order because the order is regarded as a [[Civil law (common law)|civil]] matter. |
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A magistrate has legal power to make orders to prevent a likely [[Breach_of_peace|breach of the peace]]{{Dubious|date=May 2018}} and, on evidence produced before him, may require a person, on pain of six months’ imprisonment on refusal, to enter into a [[recognizance]] and find [[sureties]] either to keep the peace or to be of good behaviour. The procedure is called ‘binding over to keep the peace’ and upon complaint by any person, the magistrate may hear the complainant, the defendant and witnesses, and if appropriate, may make the order. |
A magistrate has legal power to make orders to prevent a likely [[Breach_of_peace|breach of the peace]]{{Dubious|date=May 2018}} and, on evidence produced before him, may require a person, on pain of six months’ imprisonment on refusal{{Dubious|date=May 2018}}, to enter into a [[recognizance]] and find [[sureties]] either to keep the peace{{Dubious|date=May 2018}} or to be of good behaviour. The procedure is called ‘binding over to keep the peace’{{Dubious|date=May 2018}} and upon complaint by any person, the magistrate may hear the complainant, the defendant and witnesses, and if appropriate, may make the order. |
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Binding over is a precautionary measure to be adopted when there are reasonable grounds to anticipate some present or future danger. It is not a conviction or a punishment. It should not be used for an act which is past and which is not likely to be repeated. It should not be used as an alternative measure for dealing with cases in which the prosecution has insufficient evidence to substantiate a charge. |
Binding over is a precautionary measure to be adopted when there are reasonable grounds to anticipate some present or future danger. It is not a conviction or a punishment. It should not be used for an act which is past and which is not likely to be repeated. It should not be used as an alternative measure for dealing with cases in which the prosecution has insufficient evidence to substantiate a charge. |
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==Criminal conviction== |
==Criminal conviction== |
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Although a binding over order is not a conviction, such order may be imposed following conviction and sentence for a criminal offence, in addition to any penalty applied. A refusal to accept the terms of the binding over order may be treated as a [[contempt of court]].<ref>Archbold (December 2007): "Binding Over Following Conviction"</ref> |
Although a binding over order is not a conviction, such order may be imposed following conviction and sentence for a criminal offence, in addition to any penalty applied. A refusal to accept the terms of the binding over order may be treated as a [[contempt of court]].<ref>Archbold (December 2007): "Binding Over Following Conviction"</ref>{{Dubious|date=May 2018}} |
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==See also== |
==See also== |
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In the law of England and Wales and in other common law jurisdictions such as Hong Kong, binding over, a binding over order, and binding over for sentence are exercises of certain powers by magistrates.[dubious – discuss] A person who is bound over can be required to refrain from certain activities for a stipulated period, to be of good behaviour or to comply with other conditions. When binding a person over, the magistrate will usually stipulate a conditional financial penalty or fine to be paid if the person later breaches the binding over order.[1] If the person breaches the conditions, he or she can be arrested and brought to court or otherwise compelled to return to court where the magistrate may impose the stipulated financial penalty or otherwise dispose of the case.
Magistrates can bind over a person to be of good behaviour or to keep the peace,[dubious – discuss] any person, such as a defendant, witness or claimant.[2] This may happen where the case involves violence or the threat of it.[dubious – discuss] Sometimes the prosecution will drop such a charge if the defendant agrees to be bound over in this way. No conviction will be recorded if the matter is settled via a binding over order because the order is regarded as a civil matter.
A magistrate has legal power to make orders to prevent a likely breach of the peace[dubious – discuss] and, on evidence produced before him, may require a person, on pain of six months’ imprisonment on refusal[dubious – discuss], to enter into a recognizance and find sureties either to keep the peace[dubious – discuss] or to be of good behaviour. The procedure is called ‘binding over to keep the peace’[dubious – discuss] and upon complaint by any person, the magistrate may hear the complainant, the defendant and witnesses, and if appropriate, may make the order.
Binding over is a precautionary measure to be adopted when there are reasonable grounds to anticipate some present or future danger. It is not a conviction or a punishment. It should not be used for an act which is past and which is not likely to be repeated. It should not be used as an alternative measure for dealing with cases in which the prosecution has insufficient evidence to substantiate a charge.
Applications to bind a person over may be made in a variety of circumstances: e.g. for minor assaults inside private premises where there are no truly independent witnesses; continuing domestic disputes; or for minor cases where it is obvious that both parties are at fault with no independent evidence to support either party's counter-allegation.
Criminal conviction
Although a binding over order is not a conviction, such order may be imposed following conviction and sentence for a criminal offence, in addition to any penalty applied. A refusal to accept the terms of the binding over order may be treated as a contempt of court.[3][dubious – discuss]
See also
References
- ^ "Binding Over Orders: Legal Guidance: The Crown Prosecution Service".
- ^ "Justices of the Peace Act 1361". The National Archives. Retrieved 3 August 2011.
- ^ Archbold (December 2007): "Binding Over Following Conviction"
External links
- "Binding Over Orders". Archbold Criminal Pleading, Evidence and Practice. Cited by the Crown Prosecution Service. December 2007. 5 120–121. Retrieved 2 August 2011.