{
  "url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-31.11",
  "json_url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-31.11.json",
  "legislation": "uksi/2025/909",
  "legislation_title": "The Criminal Procedure Rules 2025",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-rules-2025",
  "path": "rule/31.11",
  "kind": "rule",
  "number": "31.11",
  "heading": "Bind over: refusal or breach",
  "text": "(1) Where a person to be bound over refuses to enter into a recognisance, the court must—\n(a) consider such other steps as may be available, for example continuing or starting a prosecution; and\n(b) treat committal to custody as a last resort.\n(2) 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.\n(3) 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—\n(a) the refusal or breach were a contempt of court; and\n(b) the committal or forfeiture were a punishment for such a contempt.\n[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.\nPayment of the sum due under a recognisance that is forfeit can be enforced under section 58 of the Magistrates’ Courts Act 1980.]",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 31.11 in force at 6.10.2025, see Preamble"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "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)."
    }
  ],
  "outstanding_effects": [
    {
      "type": "word inserted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    },
    {
      "type": "word omitted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/909/rule/31.11",
    "retrieved_at": "2026-10-28T21:12:44.140935+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}