What is a stay of proceedings?

A stay of proceedings is possible only after an indictment is filed and before a verdict is given. The power belongs to the Attorney General under the Criminal Procedure Law. The defendant, or their lawyer, files a reasoned application to the Attorney General, and in the meantime the court usually waits. If the application is granted, the trial stops. The defendant is neither acquitted nor convicted: the case simply does not continue.

When to apply: a serious medical or mental condition, exceptional personal circumstances, age, a long time since the act, weak evidence, disproportionate harm the trial would cause, or a change in circumstances since the indictment. A defendant in a traffic case can apply too. The application is examined under the Attorney General's guidelines, and the prosecution that filed the indictment gives its position.

What matters: a stay is not a cancellation. The Attorney General may resume proceedings within a period set by law, longer for felonies and shorter for misdemeanours, and a new offence during that period puts the stay at risk. In that sense a stay is like probation: quiet, as long as you do not go back there.

What a lawyer does: assesses whether the case suits a stay or is better fought to acquittal; gathers the documents (medical, employment, expert opinions); writes an application focused on the grounds the Attorney General recognises; and handles the follow-up before the court.

Source in law: Criminal Procedure Law [Consolidated Version], 5742-1982, stay-of-proceedings provisions