Ask a Law Question, Get an Answer ASAP!
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