tag:blogger.com,1999:blog-1294928770519722820.post7383852462358115953..comments2024-03-08T14:35:24.649+00:00Comments on The Justice of the Peace Blog: BIND OVERThe Justice of the Peacehttp://www.blogger.com/profile/05795957459681808206noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-1294928770519722820.post-51570259157523787192014-01-25T01:03:53.831+00:002014-01-25T01:03:53.831+00:00Actually it is very well explained in the Adult Co...Actually it is very well explained in the Adult Court Bench Book at page 64. Incidentally, Wikipedia misleads in saying that someone may be bound over “to be of good behaviour”. A decision of the ECtHR in 2000 held that phrase to be insufficiently precise to qualify as a “restriction … prescribed by law”. Since then, my understanding is that purpose of a bind over is solely “to keep the peace”, and the conduct to be refrained from should be particularised in the order.<br /><br />Bind overs were common in the old days. Frequently, when a trial for a case of low-level mayhem was about to commence, the parties would ask for a few minutes for discussion. Then, as often as not, when they came back into court, we would be informed that with the court’s assent the defendant would agree to a bind over, in return for which the Crown would offer no evidence. Deal done! <br />Sub Rosanoreply@blogger.comtag:blogger.com,1999:blog-1294928770519722820.post-48921100091117901082014-01-24T14:01:22.702+00:002014-01-24T14:01:22.702+00:00ThanksThanksThe Justice of the Peacehttps://www.blogger.com/profile/05795957459681808206noreply@blogger.comtag:blogger.com,1999:blog-1294928770519722820.post-58797616663560796352014-01-24T13:34:56.917+00:002014-01-24T13:34:56.917+00:00It is covered in the pronouncements card either pr...It is covered in the pronouncements card either printed or in the Guidelines app on a tabletUnknownhttps://www.blogger.com/profile/07756916495599386518noreply@blogger.comtag:blogger.com,1999:blog-1294928770519722820.post-80035614230214532232014-01-24T10:05:19.944+00:002014-01-24T10:05:19.944+00:00I used to do them quite often when I was first app...I used to do them quite often when I was first appointed 20 years ago but not seen one in a long time. There has been a High court decision in the past couple of days after several people were arrested at the time of the Royal Wedding of William and Catherine. They were arrested to prevent a breach of the peace (several 'republican' marches/meetings were planned for the day) and kept in custody for several hours.<br /><br />Once the wedding was over they were released as any threat of a breach of the peace was over. The High Court found this was a lawful detention in the circumstances.SouthLondonJPnoreply@blogger.comtag:blogger.com,1999:blog-1294928770519722820.post-9049806515881128222014-01-24T08:10:05.742+00:002014-01-24T08:10:05.742+00:00I did one the other day - no-one else on the Bench...I did one the other day - no-one else on the Bench had and I've never heard of one being undertaken before in my time on the bench. I also did one of only a handful of Drink Banning Orders ever made in our area - no-one in court had been involved in one it transpired.<br /><br />Binding over is arguably much more useful than DBO's!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1294928770519722820.post-4214981130088952612014-01-23T12:40:09.483+00:002014-01-23T12:40:09.483+00:00Thank you Unknown. It would be helpful to know on...Thank you Unknown. It would be helpful to know on which page........The Justice of the Peacehttps://www.blogger.com/profile/05795957459681808206noreply@blogger.comtag:blogger.com,1999:blog-1294928770519722820.post-84605513278727561262014-01-23T12:35:39.155+00:002014-01-23T12:35:39.155+00:00It is in my copy of guidelinesIt is in my copy of guidelinesUnknownhttps://www.blogger.com/profile/07756916495599386518noreply@blogger.com