2.7 Indictments - joinder

Question 1

What is joinder of counts?

Answer 1

More than one count (offence) on a single indictment.

Question 2

What is joinder of defendants?

Answer 2

More than one defendant on a single indictment.

Question 3

When may the court exercise its discretion to order separate trials of the multiple counts that appear on the indictment?

Answer 3

CrimPR 3.21(4)
Where the same indictment charges more than one offence, the court may exercise its power to order separate trials of those offences if of the opinion that—
(a)
the defendant otherwise may be prejudiced or embarrassed in his or her defence (for example, where the offences to be tried together are neither founded on the same facts nor form or are part of a series of offences of the same or a similar character); or
(b)
for any other reason it is desirable that the defendant should be tried separately for any one or more of those offences.

Question 4

When is the court likely to find that offences are founded on the same facts (and are therefore appropriately joined on the indictment)?

Answer 4

1. Where the offences arise from a single incident;
2. Where the offences are part of a series of offences of the same or similar character (Ludlow);
3. Where the offences are not connected per se, but are founded on a “common factual origin” (e.g., D is caught with drugs and an illegal weapon - Roberts).

Question 5

What must be established for multiple offences committed at different times to form part of a series?

Answer 5

Ludlow v Metropolitan Police Commission [1970] 54 Cr App R 233 (HL)
There must be a “sufficient factual nexus”.
Legal and factual characteristics should both be taken into account.

Question 6

When can a summary offence be joined on an indictment with an indictable offence for trial?

Answer 6

Section 40(1) Criminal Justice Act 1988
Where the offence is listed at s.40(3) CJA and
(a)
is founded on the same facts or evidence … ; or
(b)
is part of a series of offences of the same or similar character …

Question 7

When can a summary offence be joined on an indictment with an indictable offence for plea only?

Answer 7

Section 51(3) Crime and Disorder Act 1998
Offences that can lead to imprisonment and/or disqualification from driving.

Question 8

When can defendants be joined on indictment?

Answer 8

Assim [1966] 50 Cr App R 224
Where the matters which constitute the individual offences …
are upon the available evidence so related …
that the interests of justice are best served by their being tried together …
subject always to the discretion of the court.