Separate Trials in UK Law

Leading Cases
  • R v Ludlow
    • House of Lords
    • 11 Febrero 1970

    The judge has no duty to direct separate trials under section 5 (3) unless in his opinion there is some special feature of the case which would make a joint trial of the several counts prejudicial or embarrassing to the accused and separate trials are required in the interests of justice.

  • R v Lake
    • Court of Appeal (Criminal Division)
    • 06 Octubre 1976

    It has been accepted for a very long time in English practice that there are powerful public reasons why joint offences should be tried jointly. It also affects the desirability that the same verdict and the same treatment shall be returned against all those concerned in the same offence. If joint offences were widely to be tried as separate offences, all sorts of inconsistencies might arise.

  • Coenen v Payne
    • Court of Appeal (Civil Division)
    • 04 Abril 1974

    In future the Courts should be more ready to grant separate trials than they used to do. The normal practice should still be that liability and damages should be tried together. But the Courts should beready to order separate trials wherever it is just and convenient to do so.

  • Connelly v DPP
    • House of Lords
    • 21 Abril 1964

    As a general rule a judge should stay an indictment (that is, order that it remain on the file not to be proceeded with) when he is satisfied that the charges therein are founded on the same facts as the charges in a previous indictment on which the accused has been tried, or form or are a part of a series of offences of the same or a similar character as the offences charged in the previous indictment.

  • R v Hayter (Paul Ali)
    • House of Lords
    • 03 Febrero 2005

    It has been accepted for a long time in English practice that, subject to a judge's discretion to order separate trials in the interests of justice, there are powerful public reasons why joint offences should be tried jointly: R v Lake (1976) 64 Cr App R 172, 175, per Widgery CJ. While considerations of the avoidance of delay, costs and convenience, can be cited in favour of joint trials this is not the prime basis of the practice.

  • Re Clayton
    • House of Lords
    • 17 Marzo 1983

  • R v Boardman
    • House of Lords
    • 13 Noviembre 1974

    When in a case of this sort the prosecution wishes to adduce "similar fact" evidence which the defence says is inadmissible, the question whether it is admissible ought, if possible, to be decided in the absence of the jury at the outset of the trial and if it is decided that the evidence is inadmissible and the accused is being charged in the same indictment with offences against the other men the charges relating to the different persons ought to be tried separately.

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Legislation
  • The Criminal Procedure Rules 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... stay case for abuse of processrule 3.20Application for joint or separate trials, etc.rule 3.21Order for joint or separate trials, or amendment of ... ...
  • Supreme Court of Judicature Act 1873
    • UK Non-devolved
    • 1 de Enero de 1873
    ... ... between the Judges of the said High Court, the sittings for trials by jury in London and Middlesex, and the sittings of Judges of the said ... tried or disposed of together, the Court or Judge may order separate trials of any of such causes of action to be had, or may make such other ... ...
  • The Criminal Legal Aid (Remuneration) Regulations 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ... ... ,and a case falling within paragraph (c) must be treated as a separate case from the proceedings in which the order was made;“cracked trial” ... is made for a new trial and the same trial advocate appears at both trials where—(a) the defendant is an assisted person at both trials; or(b) the ... ...
  • Matrimonial Causes Act 1857
    • UK Non-devolved
    • 1 de Enero de 1857
    ... ... the dissolving of or annulling Marriage, and Applications for new Trials of Questions or Issues before a Jury, Bills of Exception, Special ... to when such Cohabitation shall take place shall be held to her separate Use, subject, however, to any Agreement in Writing made between herself ... ...
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Books & Journal Articles
  • On Judgment: Managing Emotions in Trials of Crimes Against Humanity in Argentina
    • No. 29-6, December 2020
    • Social & Legal Studies
    For over a decade, judicial accountability of mass human rights violations committed during the last civil-military dictatorship in Argentina (1976–1983) has been carried out in federal courts by r...
    ... ... ;display:block;overflow:hidden;outline:0;}#outline a:hover{color:#0cf;}.pf{margin:13px auto;box-shadow:1px 1px 3px 1px #333;border-collapse:separate;}.pc.opened{-webkit-animation:fadein 100ms;animation:fadein ... ...
  • House of Lords
    • No. 34-4, October 1970
    • Journal of Criminal Law, The
    ... ... {margin:13px auto;box-shadow:1px 1px 3px 1px #333;border-collapse:separate;}.pc.opened{-webkit-animation:fadein 100ms;animation:fadein ... exercised his discretion when he refused to order separate trials. He first argued boldly that the joinder of counts 259 ... 260 THE ... ...
  • Joint Trials
    • No. 5-1, January 1941
    • Journal of Criminal Law, The
    ... ... ;display:block;overflow:hidden;outline:0;}#outline a:hover{color:#0cf;}.pf{margin:13px auto;box-shadow:1px 1px 3px 1px #333;border-collapse:separate;}.pc.opened{-webkit-animation:fadein 100ms;animation:fadein ... ...
  • Recent Judicial Decisions
    • No. 43-5, May 1970
    • Police Journal: Theory, Practice and Principles
    ... ... {margin:13px auto;box-shadow:1px 1px 3px 1px #333;border-collapse:separate;}.pc.opened{-webkit-animation:fadein 100ms;animation:fadein ... general discretion in the court of trial to order separate trials. This is under s.5(3). ' The first question of fact was whether the ... ...
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Law Firm Commentaries
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Forms
  • fast track or multi-track: Form N181
    • HM Courts & Tribunals Service court and tribunal forms
    County Court forms including the N1 money claim form.
    ... ... of Justice or certain Civil Trial Centres. Fast or multi-track ... trials may be dealt with at a Civil Trial Centre or at the ... court where the ... Management Conference or at a separate hearing? ... D4. Disclosure of non-electronic documents (all cases) ... ...
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