Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 193

Order for separate trial

193. Order for separate trial



(1) If an indictment contains more than one charge, the court may order that
any one or more of the charges be tried separately.

(2) If an indictment names more than one accused, the court may order that
charges against a specified accused be tried separately.

(3) The court may make an order under subsection (1) or (2) if the court
considers that-

   (a)  the case of an accused may be prejudiced because the accused is
        charged with more than one offence in the same indictment; or

   (b)  a trial with the co-accused would prejudice the fair trial of the
        accused; or

   (c)  for any other reason it is appropriate to do so.

(4) The court may make an order under subsection (1) or (2) or under
section 195 before trial or during a trial.

(5) If the court makes an order under subsection (1) or (2) or under
section 195, the prosecutor may elect which charge is to be tried first.

(6) If an order under subsection (1) or (2) or under section 195 is made after
a jury is empanelled, the court may order that the jury be discharged from
giving a verdict on the indictment.

(7) The procedure on the separate trial of a charge is the same in all
respects as if the charge had been set out in a separate indictment.

(8) If the court makes an order for a separate trial under subsection (1) or
(2) or under section 195, the court may make any order for or in relation to
the bail of the accused that the court considers appropriate.