Charges left to lie on the file and criminal lifestyle confiscation

I have written a new blog article dealing with the different impact in criminal lifestyle confiscation proceedings of counts "left to lie on the file" and counts in respect of which the prosecution "offer no evidence".

This is a fairly technical subject which I think is unlikely to be of interest to many readers of AWEB.  For that reason I will not reproduce the article here.

The essential point is that where a count is left to lie on the file no verdict is returned on it.  This happens quite often in court where a defendant is facing a lot of charges and pleads guilty to some of them.  The prosecution may think that is a good enough result for them and not bother to pursue the remaining counts to trial.  More correctly I should say that the prosecution may conclude that it is not in the public interest to go to a trial on the remaining counts.

If however the prosecution can be persuaded to formally offer no evidence on the remaining counts then a verdict will be recorded that the defendant has been acquitted of them.  Which is technically a different outcome - but in the vast majority of cases that difference is purely academic.

But if the defendant is then subject to confiscation on the basis that he has a 'criminal lifestyle' the prosecution can contend in the confiscation proceedings that the defendant actually is guilty of any counts which lie on the file - but cannot do so in respect of any counts of which he has been acquitted.  So then the difference can become important.

The blog article is HERE for anyone who wants to read it!

David

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