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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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in relation to joinder of co-defendants into one trial what

Resolved Question:

in relation to joinder of co-defendants into one trial

what supporting legislation or legal method or settled law is there that states that the prosecution have a discretion to join or not to join defendants in one indictment
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

They just jointly charge or, if they haven't done that, make an application to the Court for joinder.

They don't permission. Its for the Crown to bring the indictment as they wish.

Its generally in their interests because witnesses only have to give evidence once rather than repeatedly.
Customer: replied 3 years ago.

Ok.....can I just ask. If a defendant begs in open court to be tried with his co-defendants in a joint trial. and the prosecution refuse to join. can this not be an appeal point.


 


The house of lords in Hayter - said that joint trials are in the public interest. it is the norm and it hardly requires citation of authority. if this is the case - then on what basis can the prosecution refuse to join when a defendant has requested it.


 


The prejudice suffered - in a seperate trial - was not xx of co-defendant but xx of the prime sources of the conspiracy - two witnesses - who were not called at the subsequent trial - because the conspiracy had already been proved through the verdict of the first trial and the codefendant conviction adduced.


 


what support do you have when you say they have the discretion not to join codefendants and that they can bring the indictment as they wish - do you have any supporting case law

Expert:  Jo C. replied 3 years ago.
No.

It might well be in the public interest but its not an appeal point. Its a public interest not a right of the defendant.

If evidence was not disclosed then that might be an appeal point but not the joinder issue.

I think I've covered the case law point on your other question.
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