Lie on file

In United Kingdom law, 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 charges is made by the defendant,[1] and no verdict 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

  1. 1 2 3 "L". Legal Terms Glossary. Retrieved 15 October 2014.
  2. 1 2 3 Winch, David (22 May 2012). "Confiscation – counts left to lie on the file". Accounting Evidence. Retrieved 15 October 2014.
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