Bind over

Bind Over is a legal term used in the common law jurisdictions that primarily refers to the process where a court requires a person to enter into a bond to appear before the court at a later date, often used in relation to minor offences or breaches of the peace. The term is also used to refer to the power of a court to bind over witnesses to appear at a trial.

History

The practice of binding over has its roots in the English law, where it was used as a means to ensure the good behaviour of individuals who were perceived as potential threats to the peace. It was a common practice in the Middle Ages, and has been carried over into modern legal systems in countries that have inherited the English legal tradition.

Procedure

In a bind over procedure, the court requires the defendant to enter into a bond, which is a legal agreement that stipulates certain conditions. The defendant is required to pay a certain amount of money, known as the bond amount, which will be forfeited if the defendant fails to appear in court on the specified date or breaches the conditions of the bond.

The court has the discretion to set the amount of the bond, and it may also require the defendant to provide a surety, which is a person who agrees to pay the bond amount if the defendant fails to comply with the conditions of the bond.

Use in Modern Legal Systems

In modern legal systems, the bind over procedure is often used in cases involving minor offences or breaches of the peace. It is also used as a means to ensure the attendance of witnesses at a trial. In some jurisdictions, the court may also use the bind over procedure as a form of punishment, by requiring the defendant to enter into a bond to keep the peace and be of good behaviour.

Criticisms

Critics of the bind over procedure argue that it is a form of punishment that is imposed without a trial, and that it can be used to restrict the freedom of individuals who have not been convicted of any crime. They also argue that the procedure is often used disproportionately against marginalized groups, such as the poor and racial minorities.

See Also

• Bail
• Surety
• Common law
• English law