In English law, applicable to England and Wales, a criminal charge is allowed to lie on file when the presiding judge agrees that there is enough evidence for a case to be made, but that it is not in the public interest for prosecution to proceed, usually because the defendant has admitted other, often more serious, charges.[1] No admission to the charge is made by the defendant,[1] and no verdict is recorded against them.[2]
Charges which have lain on file may be reinstated at a later date, but only with the permission of the trial judge or the Court of Appeal.[1]
Charges which have been laid on file have on occasions been taken into account in actions under the Proceeds of Crime Act 2002, to confiscate the gains of criminal activity.[2] The legal commentator David Winch has argued that this is in breach of the presumption of innocence.[2]
References
edit- ^ a b c "Legal Terms Glossary". The Law Pages. Retrieved 22 November 2018.
- ^ a b c Winch, David (22 May 2012). "Confiscation – counts left to lie on the file". Accounting Evidence. Retrieved 15 October 2014.
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