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Binding Over

Legal terms A-Z

A bind over is an old-fashioned way of a court telling someone to stay out of trouble. Courts possess the common law power to bind a person over whether or not they are convicted. Specifically, a binding over order can be made by the court if they are satisfied that a breach of the peace involving violence, or an imminent threat of violence has occurred or that there is a real risk of violence in the future.

A person promises to comply with certain conditions for a length of time and for a sum of money.

Bind overs can be an alternative to prosecution or a sentence or part of a sentence. In some situations parents can be given bind overs.

A person who has been bound over and does not follow the conditions can be brought back to court and asked to pay the sum of money. Breach of a bind over is not a criminal conviction.

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