Rule 31.11 Bind over: refusal or breachI1
England and Wales
Where a person to be bound over refuses to enter into a recognisance, the court must—
consider such other steps as may be available, for example continuing or starting a prosecution; and
treat committal to custody as a last resort.
Where a person bound over is alleged to have breached a requirement, before the court forfeits the recognisance it must satisfy itself on the balance of probabilities that a breach has occurred.
In addition to paragraph (1) or (2), as applicable, before committing to custody or forfeiting a recognisance the court must follow the procedure required by rule 48.8 (contempt of court by obstruction, disruption, etc.; procedure on enquiry) as if—
the refusal or breach were a contempt of court; and
the committal or forfeiture were a punishment for such a contempt.
[Note. Under section 1(7) of the Justices of the Peace Act 1968 if a person whom the court decides to bind over refuses to enter into a recognisance the court cancommit that person to custody.
Payment of the sum due under a recognisance that is forfeit can be enforced under section 58 of the Magistrates’ Courts Act 1980f1.]
Annotations
Commencement
- I1
Rule 31.11 in force at 6.10.2025, see Preamble
Footnotes
- f1
1980 c. 43; section 58 was amended by section 17 of, and paragraphs 39 and 40 of Schedule 10 to, the Crime and Courts Act 2013 (c. 22).