Recognizance

In some common law nations, a '''recognizance''' is a conditional pledge of money made by a person before a court. If a person breaks the conditions upon which they were released on their own recognizance, they or their sureties will forfeit the money pledged. It is an obligation of record, entered into before a court or magistrate duly authorized, whereby the party bound acknowledges (recognizes) that they owe a personal debt to the state. A recognizance is subject to a "defeasance"; that is, the obligation will be avoided if person bound does some particular act, such as appearing in court on a particular day, or keeping the peace.<ref>{{EB1911 |wstitle=Recognizance |volume=22 |page=958}}</ref> In criminal cases the concept is used both as a form of bail when a person has been charged but not tried and also when a person has been found guilty at trial as an incentive not to commit further misconduct. The concept of a recognizance exists in Australia, Canada, Hong Kong, the Republic of Ireland, and the United States. Recognizances were frequently used by courts of quarter sessions, for example they make up more than 70% of surviving records for the Bedfordshire Quarter Sessions records.<ref name="Bedford" />

==Bail== A recognizance is a form of bail, in which an accused is released from pre-trial detention with an incentive to ensure that they will appear before the court to face charges on a certain day in the future. A person may be required to provide sureties, being another person who will guarantee the attendance of the accused and agree to forfeit the amount if they do not. If a person is not required to provide a surety, they are released "on their own recognizance".<ref name="Devine 1989">{{cite web |url=https://www.aic.gov.au/sites/default/files/2020-05/bail-australia.pdf |title=Bail in Australia |first=F. E. |last=Devine |publisher=Australian Institute of Criminology |year=1989 |access-date=25 September 2021}}</ref> Release on recognizance is sometimes abbreviated as ''RoR'', ''OR'' (''own recognizance'', particularly in the United States), or ''PR'' (''personal recognizance'').

A recognizance is different from a bail bond in that it is a pledge of money and no upfront payment of a cash deposit is required.<ref name="Devine 1989"/><ref>{{cite book |chapter=Principles of Bail |first=R. P. |last=Roulston |url=https://www.aic.gov.au/sites/default/files/2020-05/bail-australia.pdf |title=Proceedings of the Institute of Criminology |year=1969 |pages=18–19}}</ref>

Historically in England, recognizances were also used by courts of quarter sessions to require a person to attend court and give evidence.<ref name="Bedford">{{cite web |url=http://www.bedfordshire.gov.uk/CommunityAndLiving/ArchivesAndRecordOffice/GuidesToCollections/Recognisances.aspx |url-status=dead |archive-url=https://web.archive.org/web/20160428051556/http://www.bedfordshire.gov.uk/CommunityAndLiving/ArchivesAndRecordOffice/GuidesToCollections/Recognisances.aspx |archive-date=2016-04-28 |title=Bedfordshire Quarter Sessions Recognisances |publisher=Bedford Borough Council}}</ref>

==As an incentive not to commit further misconduct==

Where a person has been found guilty at trial, a court may release the defendant on their own recognizance, as an incentive for the person not to commit further offences. In 1733, John Harper was released from Bridewell on his own recognizance.<ref>{{cite DNB|wstitle=Harper, John (d.1742)|volume=24}}</ref> They were used by courts of quarter sessions to keep the peace and for people to be of good behaviour, with the person required to attend the quarter sessions once every year until tensions had cooled.<ref name="Bedford"/>

They continue to be used for this purpose in Australia, with the federal ''Crimes Act'' providing that the court can discharge the person with or without sureties, by recognizance or otherwise. The discharge can include conditions such as to be of good behaviour or to pay compensation. A recognizance release order may involve the immediate release of the person into the community or after serving a specified period of time.<ref name="Crimes Act s19B">{{cite Legislation AU|Cth|act|ca191482|Crimes Act 1914|19B}} Discharge of offenders without proceeding to conviction.</ref><ref name="Crimes Act s20">{{cite Legislation AU|Cth|act|ca191482|Crimes Act 1914|20}} Conditional release of offenders after conviction.</ref><ref name="JC Benchbook">{{cite web |url=https://www.judcom.nsw.gov.au/publications/benchbks/sentencing/sentencing_commonwealth_offenders.html |title=Sentencing Commonwealth offenders |work=Sentencing Bench Book — Crimes Act 1914 (Cth) |publisher=Judicial Commission of New South Wales |access-date=25 September 2021}}</ref> For example the New South Wales Court of Criminal Appeal upheld the sentence imposed on John Khoo for insider trading offences that he be imprisoned for 1 year and 11 months, but be released after 14 months on entering a recognisance to be of good behaviour.<ref>{{cite AustLII|NSWCCA|323|2013|litigants=Khoo v Regina |courtname=auto |date=20 December 2013}}</ref>

==References== {{reflist}}

Category:Law of Hong Kong Category:Law of Ireland Category:Law of Australia Category:Law of Canada Category:Law of the United States Category:Scots law legal terminology Category:Law of obligations Category:Oaths