What is a binding over order?
Binding over orders are a civil disposal available in the Criminal Courts and can, in the right circumstances, provide an effective means of dealing with low-level disorder. In summary, they act as a means of postponing a sentence on conditions.
What does binding over mean in law?
Bind Over refers to a judge’s decision to order a defendant (someone accused of a crime) to be subjected to a trial as a result of a finding of probable cause at a preliminary hearing (preliminary examination).
What does it mean when charges are bound over?
For all practical purposes, an “information” is essentially the same as an “indictment”: it certifies that the court has found probable cause to charge the defendant with a felony. This is referred to as being “bound over” to Circuit Court.
Will being bound over show on CRB?
The term conviction includes absolute and conditional discharges, and court-imposed bind-overs. Your conviction will always appear on your DBS certificate if: the conviction was for an offence on the list of offences that will never be filtered.
What happens with a bind over?
A “bind over” (also called “held to answer”) means that the prosecution is essentially authorized to file the official charges in a document called an Information. Later, you will be arraigned on that Information and can proceed to trial.
Is bind over a criminal record?
A bind-over is a court order but not a criminal conviction. A clear criminal record is maintained in exchange for acknowledging the basic facts of the case and responsibility without acknowledging guilt and a criminal offence.
What does bound over to Superior Court mean?
probable cause
If the judge finds probable cause the case will be “bound over” to Superior Court for further prosecution. If the defendant accepts, the case will instead be set down on a plea calendar presided over by a Superior Court Judge.
What does it mean when someone is bound over for trial?
It is at the sole discretion of the District Attorney to offer a deferred prosecution agreement to defendants. Felony – A crime punishable by more than one year of incarceration. Initial Appearance – A defendant’s first appearance in court.
Is binding over a criminal record?
Is a Bind Over a conviction? No. A bind over to keep the peace is an order used to prevent certain behaviour from occurring in the future. It is not a conviction in itself and can be ordered against a person who has not been convicted of any criminal offence (see above).
What is Bindover case?
Definition of ‘bind over’ If someone is bound over by a court or a judge, they are given an order and must do as the order says for a particular period of time. [law]
What is offer no evidence?
Where no evidence is offered in the Crown Court, a verdict of not guilty is recorded and no further proceedings are possible for the offence unless the verdict is set aside under the procedure provided for in pt 10 of the Criminal Justice Act 2003 (see double jeopardy).
What does dismissed bound over mean?
In this way, the State is able to present their evidence to the Court. If the Court agrees, then the case is dismissed; otherwise, the case will be bound over to the Circuit Court level, i.e. the trial court. As a criminally accused defendant, you are not required to put forth any evidence on your own behalf.
What happens if you get a bind over order?
With a bind-over order granted by the court, by reason of the Prosecution agreeing to the same and offering no evidence to prove its case, the offender is technically acquitted of the criminal charge and will therefore have no criminal record.
What is the bind over procedure in Hong Kong?
The bind-over procedure is a preventive measure whereby the court adjudges a person to enter into a recognisance and find sureties to be of good behaviour or to keep the peace for a period not exceeding two years. (See HKSAR v Lau Wai Wo (2003) 6 HKCFAR 624 at para.
What does bind over mean in Superior Court?
“Bind over” harkens back to when we had Municipal and Superior Courts; the magistrate in Municipal court “bound the defendant” over to the higher Superior Court. In California at least, all courts are consolidated and are all Superior Courts.
Can a bind over be used against a convicted person?
Is a Bind Over a conviction? No. A bind over to keep the peace is an order used to prevent certain behaviour from occurring in the future. It is not a conviction in itself and can be ordered against a person who has not been convicted of any criminal offence (see above).