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98:. The accused enters into a recognisance to keep the peace or be of good behaviour. If he breaches his undertaking, he can be summoned back to court to be sentenced for the original offence. Secondly, it can be used as a preventive measure to deal with people who are before the court but have not been convicted. This latter use provides a flexible way to deal with cases arising out of disputes between neighbours and minor public order problems without the need for a full hearing. It saves time and money.
94:. He may also be required to find sureties, other people who are prepared to promise that they will forfeit a sum of money (say £50 each) if their principal fails to behave. If the principal misbehaves, debts to the Crown arise of £100 from the principal and £50 from each surety. The mechanics are therefore rather similar to bail. Binding over operates today in two ways. First, it can be used after conviction for an offence as an
90:, or to be of good behaviour, sometimes in a set sum (say £100) for a set period. If he refuses, he can be imprisoned, regardless of the seriousness or triviality, lawfulness or unlawfulness, of the behaviour that originally brought him to court, perhaps as a
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empowered the criminal courts to "bind over a parent/guardian of a convicted youth to take proper care and exercise proper control" over the youth.
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The origins of the binding-over power are rooted in (1) the takings of sureties of the peace, which "emerged from the peace-keeping arrangements of
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Feldman, David (March 1988). "The King's Peace, the Royal
Prerogative and Public Order: The Roots and Early Development of Binding over Powers".
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describes the power to "bind people over to be of good behaviour or to keep the peace" as a useful and common device used in the
British
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Magistrates form the view that a person ("the principal"), who might be a person of previously unblemished reputation, is likely to
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or commit criminal offences. They require him to enter into a recognisance, in form of a voluntary covenant or agreement, to
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given by the king. The statutory authorization for binding-over powers is found in the
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270:(eds. Wing Hong Chui & T. Wing Lo: Routledge, 2008), pp. 170-76.
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may issue binding-over orders in certain circumstances.
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used to deal with low-level public order issues. Both
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Legal power of criminal courts in
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132:Powers of Criminal Courts (Sentencing) Act 2000
268:Understanding Criminal Justice in Hong Kong
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142:Binding-over orders are a feature of the
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266:Simon N. M. Young, "Sentencing" in
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128:Justices of the Peace Act 1968
120:Justices of the Peace Act 1361
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106:, extended by the use of the
130:(c. 69). Section 150 of the
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156:Anti-social behaviour order
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287:English legal terminology
231:10.1017/S0008197300133744
197:Crown Prosecution Service
64:In a 1988 article in the
34:law of England and Wales
96:alternative to sentence
76:criminal justice system
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218:Cambridge Law Journal
193:"Binding Over Orders"
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60:In the United Kingdom
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108:royal prerogative
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126:. c. 1) and
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124:34 Edw. 3
18:Bind over
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150:See also
52:and the
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