Rule 31.10 Bind over: exercise of court’s powersI1

England and Wales As made

(1)

Where the court can impose a bind over—

(a)

the court must decide, in this sequence—

(i)

whether or not to do so and if so in what terms, and then

(ii)

the amount of the recognisance to require; and

(b)

the court may exercise its powers—

(i)

on application or on the court’s own initiative, and

(ii)

at a hearing in public, as a general rule, or, in exceptional circumstances, in private.

(2)

Before imposing a bind over the court must—

(a)

take into account, as well as any representations under rule 31.2 (Behaviour orders and bind overs: general rules)—

(i)

any evidence introduced, and

(ii)

any admission made; and

(b)

satisfy itself so that it is sure that the criteria for the bind over are met.

(3)

Before deciding the amount of any recognisance to require the court must take into account, as well as any representations under rule 31.2, such information as is readily available about the financial circumstances of the person to be bound over.

(4)

As a general rule the court must not impose a bind over for more than 12 months.

(5)

If the court decides to impose a bind over—

(a)

the court must explain, in terms the person to be bound over can understand (with help if necessary)—

(i)

the effect of the court’s decision,

(ii)

the consequences of refusing to enter into a recognisance,

(iii)

the consequences of breaching the bind over, and

(iv)

the possibility of appeal; and

(b)

the court must announce its decision and reasons at a hearing in public.

(6)

A bind over must be in writing and must—

(a)

describe in ordinary language the conduct from which the person to be bound over must refrain;

(b)

specify the amount of the recognisance;

(c)

specify the duration of the bind over; and

(d)

identify any surety who is not the person to be bound over.

(7)

If the Crown Court requires the person to be bound over to come up for judgment, the bind over also must specify—

(a)

any date on which, and place and time at which, that person must attend court; or

(b)

the means by which that person will be given notice of such a date, place and time.

(8)

The court officer must serve the bind over as soon as practicable—

(a)

in every case, on the person bound by it; and

(b)

as applicable, on each party or other party.

[Note. Under section 1 of the Justices of the Peace Act 1361^f1, section 1(7) of the Justices of the Peace Act 1968^f2and the inherent powers recognised by those provisions, before imposing a bind over the court must be satisfied that—

(a)

a breach of the peace involving violence or a threat of immediate violence has occurred; or

(b)

there is a real risk of violence in the future perpetrated by—

(i)

the person to be bound over, or

(ii)

another person as a natural consequence of the conduct of the person to be bound over.]

Rule 31.10 Bind over: exercise of court’s powersI1

Annotations

Commencement

Footnotes