recognisance

Recognizance is a formal pledge or obligation entered into before a court or other competent authority, acknowledging a duty to perform a specified act. In common law, it most often refers to a binding promise that a person will appear before a court when required. It can be used as an alternative to cash bail, allowing release from custody on the condition of attendance and compliance with any other terms set by the court.

Historically, recognizance arose in medieval England as part of the writ system, with documents binding the parties to appear before the court or to observe the law. The obligations could be enforced by the court, and penalties could be imposed for nonappearance or breach of conditions.

Today, recognizance survives in various forms in different jurisdictions. An unsecured or personal recognizance requires no money or collateral, relying on the individual's obligation to appear. Recognizance with sureties involves others, such as friends or family, guaranteeing the person's appearance. In some places, recognizance of the peace or a peace bond is used to commit an individual to refrain from certain conduct or to maintain order.

Etymology: recognizance derives from French recognissance, ultimately from Latin recognoscere, meaning to acknowledge or examine.

Related concepts include bail, bond, pretrial release, court, surety, warrant, and peace bond.