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]
ReferencesEdit
^ abc"Legal Terms Glossary". The Law Pages. Retrieved 22 November 2018.
^ abcWinch, David (22 May 2012). "Confiscation – counts left to lie on the file". Accounting Evidence. Retrieved 15 October 2014.
This article relating to law in the United Kingdom, or its constituent jurisdictions, is a stub. You can help Wikipedia by expanding it.
file, english, applicable, england, wales, criminal, charge, allowed, file, when, presiding, judge, agrees, that, there, enough, evidence, case, made, that, public, interest, prosecution, proceed, usually, because, defendant, admitted, other, often, more, seri. 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 nbsp nbsp This article relating to law in the United Kingdom or its constituent jurisdictions is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Lie on file amp oldid 1139524308, wikipedia, wiki, book, books, library,
