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Binding Over Parents and Guardians

Legal terms A-Z

A parent or guardian can be given a bind over after their child has been found guilty of any offence.

A parental bind over is a promise to the court to take proper care and exercise proper control over the child. The parent or guardian must also enter into a recognizance of up to £1000

In most cases, a parenting order is more likely to be appropriate than a parental bind over.

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.

Condition: Parental bind overs can include a condition that the parent or guardian ensures their child complies with any community sentence the court has passed.

Length: A parental bind over can be passed for a period of up to three years (or until the child reaches 18) and can only be passed in respect of children under 16 if the court is satisfied that the parental bind over is required to prevent further offending.

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