Magistrates’ Courts (Appeals From Binding Over Orders) Act 1956

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Magistrates’ Courts (Appeals From Binding Over Orders) Act 1956

1956 CHAPTER 44 4 and 5 Eliz 2

An Act to amend the law relating to orders of justices of the peace requiring persons to enter into recognisances to keep the peace or be of good behaviour.

[5th July 1956]

1 Right of appeal to quarter sessions.E+W

(1)Where, under the Justices of the Peace Act 1361 M1, or otherwise, a person is ordered by a magistrates’ court (as defined in [F1the Magistrates’ Courts Act 1980] to enter into a recognisance with or without sureties to keep the peace or to be of good behaviour, he may appeal to [F2the Crown Court]

(2)In the case of an appeal under this section—

(a)the other party to the proceedings which were the occasion of the making of the order shall be the respondent to the appeal;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 in relation to an appellant in custody for failure to comply with the order, so much of section [F4twenty-two of the M2Criminal Justice Act 1967], as relates to the release of convicted persons from custody pending an appeal to [F2the Crown Court] shall, with the necessary adaptations, apply as if the appeal were an appeal against a conviction.

(3)Nothing in this section shall apply in relation to any order an appeal from which lies to [F2the Crown Court] apart from the provisions of this section.

(4)This section shall not apply to any order made before the expiration of a period of one month beginning with the date of the passing of this Act.

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Amendments (Textual)

F1Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82) , s. 154(1), Sch. 7 para.16

F2Words substituted by virtue of Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I

F4Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

Marginal Citations

M134 Edw. 3. c. 1.

2 Short title and extent.E+W

(1)This Act may be cited as the Magistrates’ Courts (Appeals from Binding Over Orders) Act 1956.

(2)This Act shall not extend to Scotland or Northern Ireland.