who determines what behavior becomes a public order crime
Public-order crime In criminology, public-order crime is defined by Siegel (2004) as "crime which involves acts that interfere with the operations of society is the ability of people to function efficiently", i.e., it is behaviour that has been labelled criminal because it is contrary to shared norms, social values, and customs. Robertson (1989:123) maintains a crime is nothing more than "an act that contravenes a law". Generally speaking, deviancy is criminalized when it is too disruptive and has proved uncontrollable through informal sanctions.
Binding over In the law of England and Wales and in other common law jurisdictions such as Hong Kong, binding over, a binding over order, and binding over for sentence are exercises of certain powers by magistrates. A person who is bound over can be required to refrain from certain activities for a stipulated period, to be of good behaviour or to comply with other conditions. When binding a person over, the magistrate will usually stipulate a conditional financial penalty or fine to be paid if the person later breaches the binding over order.[1] If the person breaches the conditions, he or she can be arrested and brought to court or otherwise compelled to return to court where the magistrate may impose the stipulated financial penalty or otherwise dispose of the case.