English law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, be ...

, applicable to

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...

, a criminal charge is allowed to lie on file when the presiding

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

agrees that there is enough evidence for a case to be made, but that it is not in the

public interest The public interest is "the welfare or well-being of the general public" and society. Overview Economist Lok Sang Ho in his ''Public Policy and the Public Interest'' argues that the public interest must be assessed impartially and, therefore ...

for prosecution to proceed, usually because the defendant has admitted other, often more serious, charges. No admission to the charge is made by the defendant, and no verdict is recorded against them. 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 A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...

. Charges which have been laid on file have on occasions been taken into account in actions under the

Proceeds of Crime Act 2002 The Proceeds of Crime Act 2002 (c.29) (POCA) is an Act of the Parliament of the United Kingdom which provides for the confiscation or civil recovery of the proceeds from crime and contains the principal money laundering legislation in the U ...

, to confiscate the gains of criminal activity. The legal commentator David Winch has argued that this is in breach of the

presumption of innocence The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present com ...

References

{{UK-law-stub Criminal law of the United Kingdom