BINDING OVER Meaning and
Definition
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Binding over refers to a legal process through which a person accused of a crime is transferred from a lower court to a higher court for trial or further proceedings. It is usually conducted when the lower court does not have the jurisdiction or the authority to deal with the case adequately, due to its serious nature or complexity.
During a binding over proceeding, the lower court examines the evidence presented by the prosecution and evaluates if there is sufficient reason to put the accused on trial. If the court finds that there is indeed enough evidence to warrant a trial, it "binds over" or transfers the case to the higher court where it will be dealt with by a judge or jury.
The purpose of binding over is to ensure that serious criminal cases or complex legal matters are given due consideration and are handled by a court with the appropriate authority and resources to adjudicate them fairly. In some cases, it also allows for the imposition of stricter penalties or a wider range of sentencing options that may not be available in the lower court.
Binding over serves as a crucial step in the legal process, facilitating a smooth transition from the lower court to the higher court, and ensuring that cases are dealt with in a timely and appropriate manner, upholding the principles of justice.
Etymology of BINDING OVER
The term "binding over" has its roots in Middle English and comes from the verb "bind" combined with the preposition "over". In legal contexts, the phrase refers to the act of binding someone over, or transferring them, from a lower court to a higher court.
The word "bind" has its origins in Old English, deriving from the Proto-Germanic word "bindanan" meaning "to tie or fasten". Over time, "bind" evolved to encompass several related meanings, including obliging or compelling someone to a particular course of action.
The use of "over" in this phrase can be understood as the concept of transferring or passing something from one place or person to another. In the case of "binding over", it implies moving a case or individual from a lower court to a higher court for further legal proceedings.
Similar spelling words for BINDING OVER
