VocabuLaw

Charge

What is it and what does it mean?

Description of the legal term Charge:

The term charge has several meanings depending on the context. However, two of the most common uses are in criminal law and property law.

Criminal law: In this context, a charge is a formal accusation made against a person that they have committed a specific offence. It is the official mechanism by which the prosecution alleges that a person has broken the law, and is the first step in the process of bringing a matter to court. The charge will usually outline the nature of the alleged offence and is essential in informing the accused of what they need to defend themselves against.

Property law: In property law, a charge usually refers to a financial obligation or claim to property. This can often take the form of a mortgage or a lien, where the property is used as security for a debt. If the debt is not paid, the creditor may be able to enforce the charge, potentially resulting in the sale of the property to recover the amount owed.

Legal context in which the term Charge may be used:

Criminal charge
John is arrested on suspicion of burglary. After an investigation, the police decide that there is sufficient evidence to charge him with the offence. The formal charge is set out in a document containing the details of the offence of which John is accused, including the date, place and nature of the alleged burglary. This charge is then presented in court and John must respond to it by either pleading guilty or not guilty.

Charge on a property
Sarah takes out a mortgage to buy a house. The mortgage lender in this case puts a charge on Sarah’s property, which means that the lender has a financial claim on the property until the mortgage is paid off. If Sarah defaults on her mortgage payments, the lender can enforce the charge and possibly take possession of the house to recover the outstanding debt.

This website is for informational purposes only and may contain inaccuracies. It should not be used as a substitute for professional legal advice.