What does bound over mean

A breach of the requirements under the order will mean the person is liable to pay all or part of the sum imposed and the means of the person will be taken into account in deciding the amount of this sum. It enables the court, when dealing with less serious offences, to require a defendant who has been convicted of an offence to abide by certain conditions, in breach of which he will be required to pay a specified sum of money and return to court for sentence.

What is the difference between a criminal case and a civil case? How are decisions to prosecute made? What are simple cautions and conditional cautions? Will my case got to the Magistrates' Court or the Crown Court? Should I elect trial by jury? Is it ever worth pleading guilty? What happens at a sentencing hearing? The probable cause affidavit is presented to the judge in order to determine whether or not probable cause exists by which the defendant may be bound over for trial.

The judge is not making a determination of guilt, only a determination that the prosecution appears to have enough evidence that the defendant should be required to stand trial for the crime. Although not used as frequently as they once were, a grand jury may also make the decision whether a defendant should be bound over for trial. A grand jury actually listens to testimony from the prosecution regarding what evidence they are prepared to present at trial.

The burden lies on the prosecution to prove that a binding over order is an impediment to a good character direction. These include the bind over itself and the circumstances in which the Defendant came to be bound over.

The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. This guidance assists our prosecutors when they are making decisions about cases. It is regularly updated to reflect changes in law and practice. Help us to improve our website; let us know what you think by taking our short survey.

Contrast Switch to colour theme Switch to blue theme Switch to high visibility theme Switch to soft theme. Search for Search for. Top menu Careers Contact. Contents Introduction Relevant law Procedure and practice Section MCA Against any person appearing in proceedings before the court As an alternative to criminal proceedings Binding over a parent or guardian Criminal Practice Directions: Sentencing Refusal to be bound over Breach proceedings Appeals Good Character directions Introduction Binding over orders are a civil disposal available in the Criminal Courts and can, in the right circumstances, provide an effective means of dealing with low-level disorder.

Relevant law The overarching powers derive from: Justices of the Peace Act , which gives Courts the power to bind over offenders to keep the peace. Section 1 7 of the Justices of the Peace Act , from which the Court can bind over a person "who or whose case" is before the Court. Therefore, following conviction, a bind over can be made in addition to any other penalty imposed.

This is in effect a means to postponing sentence. Notice must be given to the offender who must consent to the order. It can have a condition attached to it, such as requiring the offender to return to his own country for a period of time. However, this power should be used sparingly. In the Magistrates Court the following apply: Inherent Powers of Justice, which give Magistrates the power to bind over, following arrest at Common Law, where a breach of the peace has been committed or is apprehended.

Section Magistrates Courts Act MCA provides that where a complaint is made, the Magistrates Court can bind over a person by entering into a recognizance, with or without sureties, to keep the peace or be of good behaviour towards the complainant. Procedure and practice Section MCA Although proceedings are civil in nature, the standard of proof is the criminal standard. Any person, including a Crown Prosecutor, can lay a complaint.

Where a Crown Prosecutor decides to lay a complaint he should do so on behalf of the Chief Constable. No formal complaint is required - the Defendant can already be before the Court on another charge e. Subscribe to America's largest dictionary and get thousands more definitions and advanced search—ad free! Log in Sign Up. Save Word.

Definition of bind over. First Known Use of bind over , in the meaning defined above. Learn More About bind over. Time Traveler for bind over The first known use of bind over was in See more words from the same year.