CRIMINAL APPEALS ACT 2004 - SECT 26

CRIMINAL APPEALS ACT 2004 - SECT 26

26 .         Separate trial decision, preliminary appeal against

        (1)         If an accused is charged in one indictment with 2 or more offences —

            (a)         the prosecutor may appeal to the Court of Appeal against any order made by a judge of a superior court that there be a separate trial of any of the charges; and

            (b)         the accused may appeal to the Court of Appeal against a refusal by a judge of a superior court to order that there be a separate trial of any of the charges.

        (2)         If an accused is tried at one trial with 2 or more offences charged in one indictment and is convicted of any of those offences, an appeal by the accused under this Part against that conviction on any ground that relates to the joinder of the charges in the indictment cannot be allowed on that ground if the accused has already appealed under subsection (1)(b), except on the basis of any relevant matter that emerged at any time after the decision that was the subject of that appeal.

        (3)         If 2 or more accused are charged on indictment with an offence —

            (a)         the prosecutor may appeal to the Court of Appeal against any order made by a judge of a superior court that there be a separate trial of any of the accused; and

            (b)         any accused may appeal to the Court of Appeal against a refusal by a judge of a superior court to order that there be a separate trial of any of the accused.

        (4)         If an accused is tried with one or more other accused in one trial and is convicted of any offence, an appeal by the accused under this Part against that conviction on any ground that relates to the joinder of the accused in the indictment cannot be allowed on that ground if the accused has already appealed under subsection (3)(b), except on the basis of any relevant matter that emerged at any time after the decision that was the subject of that appeal.

        (5)         An appeal under this section against a decision must be commenced within 7 days after the date of the decision and before the day on which the accused’s trial is listed to start.

        (6)         If an appeal under this section is commenced on or after the day on which the accused’s trial is listed to start, the appeal must be dismissed.

        (7)         On an appeal under this section against an order or a refusal to make an order, the Court of Appeal may confirm the order or refusal, or set it aside and make any order that could have been made on the application for a separate trial.

        [Section 26 amended: No. 2 of 2008 s. 34.]