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Criminal procedure - trial - multiple accused- separation of trials - may only be ordered on application by prosecutor or accused - factors to take into account when application made
▷ A separation of trials may not be ordered by the court mero motu; an application must be made by the prosecutor or one of the accused. If no such application is made, it is not an irregularity if the court does not mero motu order a separation and there would be no grounds for review arising from the failure to order a separation. If an application is made, the court has a discretion as to whether to order separation of trials. There is no rule of law that separate trials should be ordered where an essential part of one accused person's defence amounts to an attack on a co-accused; this would be a matter which the court should take into account in determining whether to order separate trials or not. It is not correct to say that, where co-accused persons incriminate each other, even where there is no desire to use the evidence of any of them against the other, a separation of trials should be ordered.
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