Skip to content

Nolle Prosequi

Definition

A formal decision by the prosecution to discontinue proceedings against a defendant, often recorded as an entry in the court record. It can occur at any point before judgment and does not bar re-prosecution in all jurisdictions.

Meaning
Prosecution formally discontinues proceedings
Timing
Can occur at any point before judgment
Effect on refiling
Does not bar re-prosecution in every jurisdiction

Common questions

Does a nolle prosequi mean the defendant is acquitted?+

No, it is a discontinuation, not a verdict on the merits, so it carries different double-jeopardy consequences than an acquittal, and depending on the jurisdiction and timing the prosecution may be able to refile the same charges later.

Who decides to enter a nolle prosequi?+

The decision rests with the prosecution, sometimes requiring the court's leave depending on the jurisdiction and stage of proceedings, rather than being a determination made by the judge or jury.

Related terms

Case Attrition
The cumulative reduction in the number of criminal matters as they pass from offence committed through reporting, recording, charging, and trial to...
Courtroom Workgroup
The informal cooperative relationship among judges, prosecutors, and defence lawyers who regularly interact in the same court. First described by James Eisenstein...
Evidential Test
The threshold question that asks whether there is sufficient admissible evidence to give a realistic or reasonable prospect of conviction. It is...
Plea Bargain
An agreement between prosecution and defence in which the defendant pleads guilty, typically in exchange for a reduced charge, a sentencing concession,...
Prosecutorial Discretion
The power of a public prosecutor to decide whether to charge a suspect, what charges to bring, and on what terms to...

Explained in

Your journey to becoming a forensic professional starts here.

Practice with mock tests, learn from structured notes, and get your questions answered by a global forensic community, all in one place.