I would like a list of all discretions or a reference source . which provides me with a list or guidance on what decision the prosecution can make unilaterally during a criminal trial. issues such as bad charcter, screens, joinder, severance etc what have they got sole power and discretions on.
I would like to know:
does the prosecution have the discretion on whether or not to join co-defendants in one indictment.
I cannot find any law, case law or legislation which supports the view that they do.
I thought that if the prosecution do not want to join codefednats together, but the codefendants want to be tried together then it is ultimately up to the judge not the prosecution.
Surely.....if people are meant to have conspired together then the prosecution must have a duty to run the case in the interests of justice and fairly and the starting point must be joinder of co-conpirators. and surely a bad prosecution decision must be subject to review in the court of appeal.
what legislation or case law do you have to support your view
im afraid i have already consulted archbold and other journals, and there is no evidence to support that it is a matter of discretion for the prosecution.
I would love to know where you are saying that it is a matter of discretion. you do not have any legislation or case law to support this argument.
In fact all the arguments support the view that that there is a presumption of joint trials
I accept your answer. but i need some supporting evidence to say that you are right when you say it is there discretion. on what basis are you saying they have this discretion