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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. Section 150 of the Power of Criminal Court Sentencing Act 2000 empowers the court to bind over the parent or guardian of a youth who has been convicted. Consent: Parents or guardians must consent to a bind over but can be fined (up to £1000) if the court finds that they are not being reasonable in refusing to consent. Breach of a bind over is not a criminal conviction.

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The materials on the YJLC website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. YJLC disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters.

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