A Stay of Proceedings – When the Attorney General Halts a Case
A stay of proceedings is an exceptional power by which a criminal proceeding already under way is halted. It is neither an acquittal nor an ordinary closure of a case, but a decision that the proceeding will not continue at this stage.…
A stay of proceedings is an exceptional power used to halt criminal proceedings that have already begun. It is neither an acquittal nor an ordinary case closure, but a decision that proceedings will not continue at this stage. This power is used rarely, and pursuing it requires a thoroughly professional process.
What a stay of proceedings means
The proceedings stop but are not permanently canceled: under certain conditions, they may be resumed within the statutory period. This is why a stay of proceedings is not equivalent to an acquittal and does not provide the same certainty.
When it is considered
- Public interest considerations — When continuing the proceedings serves no public purpose.
- Exceptional personal circumstances — A serious medical condition or extraordinary humanitarian circumstances.
- Extreme delay — When the passage of time has made the proceedings unjust.
- Systemic considerations — For example, in cases connected with other proceedings.
How an application is submitted
The application is addressed to the authorized body and must be thoroughly reasoned, supported by documents, and precise in presenting the circumstances. A general or purely emotional application is insufficient: it must show why, in this particular case, the public interest does not require the proceedings to continue.
How it differs from a pardon and case closure
- Case closure — Before an indictment is filed, by the prosecuting authority.
- A stay of proceedings — After an indictment is filed and before the verdict, by the Attorney General or a person lawfully authorized to exercise that power.
- A pardon — A power of the President of the State; as a rule, applications for a reduction of sentence are considered after legal proceedings have concluded.
Frequently asked questions
Is a stay of proceedings the same as an acquittal?
No. The proceedings stop but are not permanently canceled, and under certain conditions they may be resumed within the statutory period.
Who has the authority to order it?
The power under Section 231 belongs to the Attorney General or a person lawfully authorized to exercise it; a reasoned notice to the court brings the proceedings to a halt.
When is it considered at all?
In exceptional circumstances, such as public interest considerations, a serious medical condition, or extreme delay in the proceedings.
Considering an application for a stay of proceedings?
This is an exceptional route requiring a precise presentation of the circumstances, and it is usually considered alongside alternative routes.
Attorney Israel Arama, formerly of the Tel Aviv District Attorney's Office, examines cases through exceptional legal routes as well, not only through the courtroom.
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