This question was closed without grading. Reason: Other
Dec 16, 2016 16:51
7 yrs ago
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English term
to lie on the file
English
Law/Patents
Law (general)
Circus
"an order is made for the charge to lie on the file"
Context: http://www.legislation.gov.uk/ukpga/2015/9/part/4/enacted
Does it mean that the defendant is acquitted or that he is convicted, but the punishment is delayed/suspended or that he is convicted, but the police cannot find him?
Thank you.
Context: http://www.legislation.gov.uk/ukpga/2015/9/part/4/enacted
Does it mean that the defendant is acquitted or that he is convicted, but the punishment is delayed/suspended or that he is convicted, but the police cannot find him?
Thank you.
Reference comments
28 mins
Helena Chavarria
Spain
Spain
Native in English
&
English
Works in field
Spain
Striving for excellence
Native in: English (Variant: British) 
Works in: Spanish to English, Catalan to English
Related KudoZ points
:
16
Reference:
A definition
You might find this definition easier to understand.
In the Crown Court the judge has the power to order that entire indictments or some counts on an indictment are ordered to 'lie on the file'. There is no verdict, so the proceedings are not formally terminated. There can be no further proceedings against the defendant on those matters, without the leave of the Crown Court or the Court of Appeal.
http://www.cps.gov.uk/legal/s_to_u/termination_of_proceeding...
The consent of the judge is required to leave an indictment or counts to lie on the file. In practice, the judge usually consents, provided that the defence agrees.
The procedure is particularly useful when:
- the defendant has pleaded guilty or has been convicted of other counts in the same indictment; or
- the defendant has pleaded guilty or has been convicted on counts on another indictment; and
- convictions for the remaining offences would have no significant impact on the sentence; and
- it is no longer in the public interest to proceed on the remaining matters.
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Note added at 43 mins (2016-12-16 17:35:25 GMT)
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"To lie on the file" is shorthand for "To lie on the file marked 'not to be proceeded with without the leave of this Court or the Court of Appeal'". It's one of the two methods by which the prosecution can choose not to proceed on a charge which has reached the Crown Court. The other is for them to offer no evidence, which results in the defendant being found Not Guilty.
Technically a matter which lies on the file could be re-instituted, but that happens very very rarely. A matter which has had no evidence offered on it cannot be re-instituted.
The prosecution usually ask for a matter to lie on the file when they don't want to concede that there is no evidence to prosecute a particular defendant but when they don't feel they need to secure a conviction on that charge (usually, as in your example, because of other guilty pleas being offered by the defendant which the prosecution think are acceptable).
https://uk.answers.yahoo.com/question/index?qid=200810090046...
In the Crown Court the judge has the power to order that entire indictments or some counts on an indictment are ordered to 'lie on the file'. There is no verdict, so the proceedings are not formally terminated. There can be no further proceedings against the defendant on those matters, without the leave of the Crown Court or the Court of Appeal.
http://www.cps.gov.uk/legal/s_to_u/termination_of_proceeding...
The consent of the judge is required to leave an indictment or counts to lie on the file. In practice, the judge usually consents, provided that the defence agrees.
The procedure is particularly useful when:
- the defendant has pleaded guilty or has been convicted of other counts in the same indictment; or
- the defendant has pleaded guilty or has been convicted on counts on another indictment; and
- convictions for the remaining offences would have no significant impact on the sentence; and
- it is no longer in the public interest to proceed on the remaining matters.
--------------------------------------------------
Note added at 43 mins (2016-12-16 17:35:25 GMT)
--------------------------------------------------
"To lie on the file" is shorthand for "To lie on the file marked 'not to be proceeded with without the leave of this Court or the Court of Appeal'". It's one of the two methods by which the prosecution can choose not to proceed on a charge which has reached the Crown Court. The other is for them to offer no evidence, which results in the defendant being found Not Guilty.
Technically a matter which lies on the file could be re-instituted, but that happens very very rarely. A matter which has had no evidence offered on it cannot be re-instituted.
The prosecution usually ask for a matter to lie on the file when they don't want to concede that there is no evidence to prosecute a particular defendant but when they don't feel they need to secure a conviction on that charge (usually, as in your example, because of other guilty pleas being offered by the defendant which the prosecution think are acceptable).
https://uk.answers.yahoo.com/question/index?qid=200810090046...
Note from asker:
| Thank you! It's very helpful. |
| I don't need a translation. Your explanation was very helpful, so please post it as an answer. |
5 hrs
AllegroTrans
United Kingdom
United Kingdom
Native in English
&
English
Specializes in field
United Kingdom
Sensible solutions
Native in: English (Variant: Wessexois)
Works in: French to English, English, English to French
Related KudoZ points
:
31
Reference:
Another definition
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.
Lie on file - Wikipedia
https://en.wikipedia.org/wiki/Lie_on_file
Asker, the defendant is neither acquitted or convicted - it simply means that the particular charge is not proceeded with. The important point though is that it is not withdrawn, so technically it could be reinstigated at a later date. The practical and usual reality is that it is not, as the prosecution will have secured a conviction on one or more other counts.
Lie on file - Wikipedia
https://en.wikipedia.org/wiki/Lie_on_file
Asker, the defendant is neither acquitted or convicted - it simply means that the particular charge is not proceeded with. The important point though is that it is not withdrawn, so technically it could be reinstigated at a later date. The practical and usual reality is that it is not, as the prosecution will have secured a conviction on one or more other counts.
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