recognizance

Recognizance is a formal, court-approved obligation in which a person acknowledges a duty to perform a specified act, most often to appear at a future court hearing or to comply with conditions set by the court. It is typically a personal bond that does not require the payer to post cash or obtain a surety; the security is the individual’s own promise to comply. The term comes from the idea of recognizing or acknowledging an obligation before the court.

Historically, recognizances were a common feature of common-law systems. Defendants could be released on their own recognizance, or ROR, after first appearing before a magistrate, particularly for minor offenses or when deemed unlikely to flee. A recognizance may include a monetary penalty specified as a potential forfeiture if the person fails to appear or to comply with conditions. If the obligation is breached, a warrant may be issued and the recognizance can be forfeited.

Modern practice varies by jurisdiction. In the United States, release on recognizance is a form of pretrial release that does not require posting cash or securing a bond, granted to individuals considered low risk. In other jurisdictions, recognizances may be used to secure attendance at hearings or compliance with conditions, sometimes with the possibility of penalties for breach. Recognizance is distinct from bail or surety bonds, which involve money or third-party guarantees.

Breach of a recognizance can lead to enforcement actions such as arrest warrants, new charges, or the revocation of the recognizance. The concept remains a recognizable feature of many common-law criminal procedures.