Queensland Consolidated Acts
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CRIMINAL CODE 1899 - SECT 597A
Separate trials where 2 or more charges against the same person
597A Separate trials where 2 or more charges against the same person
(1) Where before a trial or at any time during a trial the court is of opinion
that the accused person may be prejudiced or embarrassed in the person’s
defence by reason of the person’s being charged with more than 1 offence in
the same indictment or that for any other reason it is desirable to direct
that the person should be tried separately for any 1 or more than 1 offence
charged in an indictment the court may order a separate trial of any count or
counts in the indictment.
(1AA) In considering potential prejudice,
embarrassment or other reason for ordering separate trials under this
provision in relation to alleged offences of a sexual nature, the court must
not have regard to the possibility that similar fact evidence, the probative
value of which outweighs its potentially prejudicial effect, may be the result
of collusion or suggestion.
(1A) The court may discharge a jury sworn from
giving a verdict on the count or counts directed to be tried separately.
The procedure on the separate trial of a count shall be the same in all
respects as if the count had been set out in a separate indictment.
court may adjourn a separate trial, remand the accused person and make such
orders as to bail and otherwise as the court thinks fit.
(4) For the purposes
of this section—
"adjourn a separate trial" includes postpone a separate trial in a case where
the accused person has not been called upon to plead to a count in an
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