# The Criminal Procedure Rules 2025, Rule 31.11: Bind over: refusal or breach

Extent: E+W

(1) Where a person to be bound over refuses to enter into a recognisance, the court must—
(a) consider such other steps as may be available, for example continuing or starting a prosecution; and
(b) treat committal to custody as a last resort.
(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.
(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—
(a) the refusal or breach were a contempt of court; and
(b) 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 1980.]

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Source: https://www.legislation.gov.uk/uksi/2025/909/rule/31.11 (the official version)
Page: https://openlegislation.uk/criminal-procedure-rules-2025/rule-31.11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.