Joinder of charges/ accused/ severance

Question 1

What is joinder of charges?

Answer 1

A charge sheet or indictment may contain charges for more than one offence where all offences are “related offences’’

Related offences  Offences that are founded on the same facts or form, or are part of, a series of offences of the same or a similar character (CPA s 3).

Question 2

When can charges be severed?

Answer 2

The judge has a discretion to order a separate trial or hearing in respect of one or more charges where:
(a) the case of an accused may be prejudiced because the accused is charged with more than one offence in the same charge-sheet or indictment;
(b) a trial or hearing with a co-accused would prejudice the fair trial of the accused; or
(c) for any other reason it is desirable to do so (CPA s58, s193).

Question 3

What is the presumption re joint trials?

Answer 3

Where charges relate to more than one accused, they must be heard together unless the court otherwise orders (s 170)
* The general rule in favour of joint trials may be displaced where this course will deny an accused a fair trial
* The presumption in favour of joint trials is not rebutted simply because one or more accused intends to implicate a co-accused