Points 2 Prove
The Ultimate Police Handbook
Binding over to keep the peace or be of good behaviour
s.115 Magistrates Courts Act 1980
Public Order
Definition
(1) The power of a magistrates court on the complaint of any person to adjudge any other person to enter into a recognisance, with or without sureties, to keep the peace or to be of good behaviour towards the complainant shall be exercised by order on complaint.
(2) Where a complaint is made under this section, the power of the court to remand the defendant under subsection (5) of section 55 above shall not be subject to the restrictions imposed by subsection (6) of that section.
(3) If any person ordered by a magistrates court under subsection (1) above to enter into a recognisance, with or without sureties, to keep the peace or to be of good behaviour fails to comply with the order, the court may commit him to custody for a period not exceeding 6 months or until he sooner complies with the order.
(2) Where a complaint is made under this section, the power of the court to remand the defendant under subsection (5) of section 55 above shall not be subject to the restrictions imposed by subsection (6) of that section.
(3) If any person ordered by a magistrates court under subsection (1) above to enter into a recognisance, with or without sureties, to keep the peace or to be of good behaviour fails to comply with the order, the court may commit him to custody for a period not exceeding 6 months or until he sooner complies with the order.
Offence Type
Charging Codes
MC80010
Crime Recording
Not PNC Recordable
No Crime Report Required