Binding over
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In the law of England and Wales and some other common law jurisdictions, binding over is an exercise of certain powers by the criminal courts used to deal with low-level public order issues.[1] Both magistrates' courts and the Crown Court may issue binding-over orders in certain circumstances.[1]
England and Wales
In a 1988 article in the Cambridge Law Journal, British legal commentator David Feldman describes the power to "bind people over to be of good behaviour or to keep the peace" as a useful and common device used in the criminal justice system of England and Wales,[2] and explains the process as follows:
The origins of the binding-over power are rooted in (1) the takings of sureties of the peace, which "emerged from the peace-keeping arrangements of Anglo-Saxon law, extended by the use of the royal prerogative and royal writs", and (2) the separate device of sureties of good behaviour, which originated as a type of conditional pardon given by the king.[2] The statutory authorization for binding-over powers is found in the Justices of the Peace Act 1361 (34 Edw. 3 c. 1)[3] and s. 1(7) Justices of the Peace Act 1968 (c. 69).[4][1] Part 11 of Chapter 5 of the Sentencing Act 2020 (c. 17)[5] empowers the criminal courts, when sentencing a person under 18 years for an offence, to "order the parent or guardian to enter into a recognizance to take proper care of the offender and exercise proper control over the offender". Such an order cannot be made against a local authority acting in loco parentis.[1]
Hong Kong
Binding-over orders are a feature of the law of Hong Kong.[6]
See also
References
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- ^ a b c d Page Module:Citation/CS1/styles.css has no content."Binding Over Orders". Crown Prosecution Service. Archived from the original on 2023-07-16. Retrieved 2019-06-28.
- ^ a b Page Module:Citation/CS1/styles.css has no content.Feldman, David (March 1988). "The King's Peace, the Royal Prerogative and Public Order: The Roots and Early Development of Binding over Powers". Cambridge Law Journal. 47 (1): 103–106. doi:10.1017/S0008197300133744. JSTOR 4507130. S2CID 145431316. Closed access icon
- ^ Page Module:Citation/CS1/styles.css has no content."Justices of the Peace Act 1361", legislation.gov.uk, The National Archives, 34 Edw. 3 c. 1
- ^ Page Module:Citation/CS1/styles.css has no content."Justices of the Peace Act 1968: Section 1", legislation.gov.uk, The National Archives, 1968 c. 69 (s. 1)
- ^ Page Module:Citation/CS1/styles.css has no content."Sentencing Act 2020: Chapter 5, Part 11", legislation.gov.uk, The National Archives, 2020 c. 17
- ^ Simon N. M. Young, "Sentencing" in Understanding Criminal Justice in Hong Kong (eds. Wing Hong Chui & T. Wing Lo: Routledge, 2008), pp. 170-76.
